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Full text of "Records and files of the Quarterly Courts of Essex County, Massachusetts"

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I 



L] 



RECORDS AND FILES 



OF THE 



QUARTERLY COURTS 



OF 



ESSEX COUNTY 



MASSACHUSETTS 



J ^W« ^ ■m ' ^^W • 






VOLUME IV 
1667-1671 



SALEM, MASS. 
PUBLISHED BY THE ESSEX INSTITUTE 

1914 



L254BF 

FEB 2 7 mS 






..TUOS, P. NICHOLS &« SON .CO* 

* *Lynn ' Kiaasacbuaefts 



• • • • 



• • • 

• • • • 

• 9 ■ 



■ • 



RECORDS AND FILES OF THE QUARTERLY COURTS 
OF ESSEX COUNTY, MASSACHUSETTS. 



COTJKT HELD AT IPBWICH, MaR. 31, 1668. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Genrll. Denison and Major Wm. Hathome. 

Jury of trials: Tho. Bishop, Decon Goodhue, Ed. Lomas^ 
Robt. Kinsman, Nath. Tredwell, Wm. Tittcomb, Sam. Plummer, 
Wm. Morse, Jo. Rckard, Jo. Pahner, Jo. Trumble and Ens. Jo. 
Gould. 

William Law d3dng intestate, court granted administration 
upK)n the estate to Faith, the widow. An inventory was present- 
ed and also a division of the estate to the widow and her child 
according to covenant before marriage, as also to the rest of the 
children, namely, Rebecca, Mary, Precilla and Aquilla, which 
were approved. Maxemilian Jewett, Richard Swan, Ezekiell 
Northend, John Tod and Samuell Brocklebanke, who presented 
the division, were ordered to procure a meet person to take the 
said children with their respective pK)rtions and give security and 
return what they do to the nejct Ipswich court. The six or seven, 
poimds remainmg undisposed of was ordered to be given the 
children or used to pay expenses in the settlement of the estate. 

Job Tyler v. Thomas Chandler. Review. Special verdict 
found: that there was a bond of arbitration wherein both agreed 
to choose two men, and if they did not agree then a third was tO' 
be chosen; that two of the men did agree but the third did not; 
if two agreed and the agreement ended the case, they found for 
defendant, if not, for plaintiff. Coiuii gave judgment for defend-^ 
ant.* 



♦Writ, dated Mar. 16, 1667-8, signed by Robert Lord,t for the 
coiu-t, and served by John Fry,t constable of Andover. George 
Abbut, sr., surety on bond. 

Copy of writ, dated 27 : 3 : 1667, and copy of Ipswich court 
record, dated Sept. 24, 1667, made Oct. 15, 1667, by Robert 
Lord,t cleric. 

tAntograph. 

(1) 



2 IPSWICH QUABTEBLT OOXTBT [Mar. 

Elizabeth Friar v. Tho. Judgkin. Withdrawn. 

Elizabeth Fryer v. Tho. Judgkin. For the use of land. With- 
drawn. 

John Hascall, son and heir of Roger Hascall v. Richard Dodge. 
Verdict for defendant.* 

Daniell Needdam v. Thomas Chadwell. Withdrawn. 



Copy of award of the arbitrators, Edward Denison and Isaac 
Johnson, copy of letter from Joseph Aldregh, copy of agreement 
between plaintiff and defendant, and copy of depositions of John 
Chandler and William Cleaves, made Mar. 30, 1668, by Robert 
Lord,t cleric. 

Richard Post of Wobum, aged about forty years, deposed that 
the marshal general called at his house, 24 : 6 : 1667, to have him 
go to Andiver to levy the execution. Chandler said that his land 
was made over to Mr. Brown of Salem. The day following, the 
marshal being obliged to return home on account of the council 
sitting, gave deponent an order to take the oxen and cows and 
deliver them to Job Tiler, which he did. But the marshal de- 
clared to Chandler before Col. Crowne that the cattle must go to 
Roxbury upon Chandler's charge before being delivered to Tiler. 
Then they all went homeward as far as Shawshin river and de- 
ponent was left with the cattle. When Col. Crowne returned, he 
said that he was to take the cattle, and when they reached Sam- 
uel Blanchard's house, Chandler and one Stevens, constable, 
came running after them and took the cattle by force, notwith- 
standing the fact that he read his deputation publicly to them, 
etc. 

William Crowne, aged about fifty years, deposed. Sworn, 
11:8: 1667, before Simon Willard.f 

William Parkf testified that he went with Job Tiller to John 
Chandler's house upon Mar. 1, 1665, etc. 

Joseph Alderegh, aged about thirty-two years, testified that 
Chandler came to him with the summons on Sept. 21 or 22, 1667, 
as ''certanly as I can recken w^^ out an Almanake," and told said 
Chandler that Job Tiler did not live there then, for deponent had 
asked him to remove from his house because he needed the room 
which he used for com. "I tould Chandeler he had noe famyly 
heere nor certaine place of aboade but lay some tyme at one, some 
tymes an other," but thought he had gone to Roxbury to his 
wife, etc. Sworn, 27 : 1 : 1668, before Elea. Lusher,t assistant. 
♦Elizabeth Hascall, aged about forty-five years, testified that 
the land near Beaver pond that her husband sold Richard Dodg 
was her father Hardy's land which he gave to her husband Roger 
Hascell. Sworn, 31 : 1 : 1668, before Wm. Hathome,t assistant. 

1 Autograph. 



1668] RECORDS AND FILES 3 

Elizabeth Fuller, executrix to John Fuller, deceased v. Samuell 
Younglove. Trespass. Nonsuited. By agreement upon another 
half entry, the same action went on. Verdict for plaintiff.* 

♦Writ: Elisabeth Fuller, executrix to John Fuller v. Samuel 
Yoimglove, jr.; trespass; for mowing the grass and carrying 
away the hay of two or three acres of her meadow lying in the west 
meadows in Ipswich; dated. Mar. 25, 1668; signed by Daniel 
Denison,t for the court; and served by Robert Lord,t marshal, 
by attachment of land of defendant near Goodman Russ' house. 

Edzabeth Fuller's bill of costs, 21i. Is. 4d. 

Edward Nealand, aged about twenty-five years, deposed that 
within two years he had heard Samuel Younglove, jr., affirm 
that the line between himself and widow Fuller began at the 
northeast end at a bare plat of ground on the up land and ranged 
against a pine tree southwest, which pine tree stands beyond 
Mr. Browne's meadow; but that the last year by information of 
Goodman Gage, he looked ui)on the right line ten by fourteen or 
fifteen rods wide in toward widow Fuller's land and had mowed 
it accordingly. The reason he alleged was that there was good 
meadow enough on the other side and that he would have some of 
the good as well as the bad, and he further bade depK)nent to hold 
his tongue and he should be damnified. Sworn in court. 

Letter of attorney, dated. Mar. 31, 1668, given by Elizabeth 
Fullert of Ipswich, widow, to John How of Topsfeild. Wit: 
William Hubbardf and Mary Hubbard.f 

Samuell Vamam, aged about forty-nine years, deposed that 
about fourteen years ago, he saw John Fuller mowing in these mead- 
ows, and men's bounds being very much lost, he asked him where 
his bounds were. Fuller answered where the best grass was. 
Sworn, Mar. 30, 1668, before Daniel Denison.t 

Nicolas Wallis deposed that he was present when Fuller carried 
away the hay from Younglove's lot, and after discussion, they 
agreed to have Corporal Gage come down and define the bounds, 
etc. Sworn in court. 

John Fuller, aged about twenty-four years, deposed concern- 
ing the bounds of his father's lot and said that the bounds were 
the same when the meadow was in the hands of Steven Jordan 
about sixteen years ago. Sworn, 27 : 1 : 1668, before Samuell 
Dalton,t conmiissioner. 

Samuel Ayers testified that in a controversy between Goodwif e 
Fuller and Samuell Younglove, she told deponent that she had 
agreed to give Sam. Youn^ove a sheep for the injury her son had 
done him in carrying away hay. Sworn in court. 

Samuel Ayers testified that he asked Fuller if Goodman Jordon 

tAntograph. 



4 IPSWICH QUARTEBLY COUBT [Mar. 

Mr. Wm. Pateson v. John How. Appeal from a judgment of 
Major Hathome. Verdict for defendant, the confirmation of the 
former judgment. Court did not accept this verdict. 

Mr. Wm. Pateson v. Daniell Black. Debt. Verdict for plaintiff. 

and he had not made an exchange. Fuller answered that he had 
not, but Jordon had suffered him to mow the further end of his 
meadow because it was wet, and he left him the other end that 
was drier because the old man did not care to go into the wet. 
Sworn in court. 

Thomas Waite, Nicholas Wallis and Marshal Lord testified 
that ''aboute Michallmas was twelvemonth" Younglove had an 
action at law against the wife, now the widow of John Fuller, etc. 
Sworn in court. 

James Fuller, aged about twenty-two years, deposed that his 
father always told him, etc. Sworn in court. 

John Dane, jr., aged about twenty-four years, testified. Sworn 
in court. 

Stephen (his mark) Jordan of Newbury deposed, Aug. 11, 1667, 
as to the bounds when he sold to Samuell Younglove. Wit: 
Robert Crose. Sworn, Dec. 10, 1667, before Wm. Gerish, com- 
missioner. Copy made, June 26, 1668, by Robert Lord,* cleric. 

Edward Neland deposed. Copy made. Mar. 26, 1668, by Rob- 
ert Lord,* cleric. 

Elizabeth Fullar* deposed that the agreement which Yoimg- 
love alleged to have made with her son James Fuller, she con- 
sidered of no effect, etc. Sworn in court. 

Susan Fuller, aged about seventeen years, deposed concerning 
what her mother told Younglove. Sworn in court. 

James Fuler also depK)sed. Sworn in court. 

Phillip Pholer, sr., depK)sed that Goodman Fuler mowed his 
ground at the west meadows as well as Goodman Younglove's 
and to deponent's damage. So he went to the lot layers to have 
his bounds defined and asked the other land owners there to 
appear also, according to the law of the country, and requested 
Younglove to show his bounds. John Kimball, Thomas Kimball 
and one of RoUye came, but said Younglove would do nothing. 
Sworn in court. 

John Kimball deposed that there had been a contest about the 
bounds of this meadow ever since he came to live thereabout, 
which was about nine years ago. Also that Goodman Fuller told 
him that they were to abide by the decision of Goodman Gaige. 
Sworn in court. 

Necolas Wallis deposed that the lots were laid out sixteen rods 
wide. Sworn in court. 

* Autograph. 



1668] RECORDS AND FILES 5 

Mr. Wm. Patteson v. Edmond Bridges. Debt. Verdict for 
plaintiff. 

John How V. Mr. WUliam Pateson. Defamation. Verdict for 
plaintiff. 

Mr. Wm. Pateson v. Anthony Carrell. Defamation. Verdict 
for defendant.* 



*Writ: Mr. William Patteeson V. Anthony Carrill ; defamation; 
for reporting that he heard Hackaliah Bridges say at Mr. Baker's 
that he heard it spoken at Edward Dear's house that plaintiff 
stole from his master in Barbadoes fifteen hundred pounds, and 
further reported that Ed. Deare's wife replied ''I doubt HacaUah 
is mistaken for the marchent himself did owne he stole five hun- 
dred pounds from his master;" dated, Jan. 27, 1667; signed by 
Robert Lord,t for the court; and served by Robert Lord,t mar- 
shal, by attachment of farm and house of defendant, and, not 
giving security, he committed him to prison. 

William Norton deposed that he heard Anthony Caryll own Mr. 
Patersen's charge against him etc. John Edwards deposed the 
same. Sworn in court. 

Mr. Patteeson's bill of costs, 21i. 6s. 8d. 

Edmond Bridges, Hachaliah Bridges and Daniel Blacke deposed 
that Mr. Pattarson agreed to acquit Hachaliah Bridges if the 
other two deponents would testify that Anthony Carall reported 
the story. Sworn in court. 

Robert Lord, jr., deposed that being in Mr. Patterson's chamber 
with Mr. Norton and Anthony Carroll, etc. Sworn in court. 

Andrew Petters and Robert Lord, jr., deposed that having 
occasion to be in Topsfeild, they met Hackaleah Bridges riding 
near the meeting house, and asked him why he allowed the poor 
man to lie in prison for words which he spoke himself and he 
replied that he went to Patteeson's chamber, etc. Sworn in 
court. 

Jonathan Ransford, aged thirty odd years, deposed that he, 
being in Barbadus some years before at a great sessions, saw 
William Patterson stand at the bar, and upon inquiry what it was 
for, was told that it was for persuading Mr. Jno. Bawden's man 
to let him have some of his master's sugar to carry along with 
him in partnership. And after the jury had brought in their 
verdict, deponent saw said Petterson standing in a place called 
the "bale dock," and inquiring how he got clear, they told him by 
a fine of some thousand of sugar. Sworn, Mar. 19, 1667-8, before 
Jno. Leverett,t assistant. 

Samuell Mosley, aged twenty-six years, deposed. Sworn, Mar. 
19, 1667-8, before Jno. Leverett,t assistant. 

t Autograph. 



6 IPSWICH QUABTBBLT COUBT [Mar. 



Christopher Milton v. Henry Kimble. For taking or withhold- 
ing a ketch. Withdrawn. 

Edmond Bridges v. Mr. Wm. Pateson. Appeal from a judg- 
ment of Major Hathome. Special verdict fomid. They found 
that there was a tender of 18d. already in his hand and that 
Patteson tendered Bridges 18d. in any goods in his chamber, which 
Bridges refused. If the goods were a legal tender, they found 
for defendant, a ooniBrmation of the former judgment, if not, a 
reversing of the former judgment, abating 2s. for Sergt. Belcher's 
testimony. Court gave judgment for defendant.^ 

Edmond Bridges,t Hackaliah Bridgesf and Daniell (his mark) 
Black testified that Anthony Carill, etc. Sworn in court. 

Myhill Dwinell, aged twenty-three or four years, deposed that 
he heard Bridges say, etc. Sworn in court. 

John Morrill, aged about forty years, deposed that he heard 
Hackkaliah Bridges say in Mr. Baker's house that the day Thomas 
Howlet was buried he heard that the Scotch merchant had stolen 
fifteen hundred pounds from his master, etc. Sworn in court. 

*£zekiel Rogers deposed, Feb. 22, 1667, that being present at 
the Wor. Maj. Denison's when Edm. Bridges was summoned 
about one o'clock to testify in an action pending between Mr. 
Paterson and Jo. How, said Bridges demanding his pay, Paterson 
told him to come to his chamber, etc. Sworn before Daniell 
Denison. Copy made by Wm. Hathome,t assistant. 

Richard Hubbert, deposed, Feb. 22, 1667, that before the at- 
tachment was served, etc. Sworn before Daniell Denison. Copy 
made by Wm. Hathome,t assistant. 

Jo. Payne deposed, Feb. 22, 1667, that being at Mr. Wm. Pat- 
erson's chamber on Feb. 17 with the marshal, Paterson tendered 
Bridges 18d. in any goods that were in his chamber, their being 
all sorts of goods that were good and vendable, but he refused 
unless he would give him 2s. for the 18d. and charges for the at- 
tachment, etc. Sworn before Daniell Denison. Copy made by 
Wm. Hathome,t assistant. 

Mr. Paterson's bill of cost, lis. 6d. 

Edmund Bridges'f reasons of appeal from the Worshipful 
Mr. William Hauthome's sentence. Received, 20 : 1 : 1667-8, by 
Wm. Hathome,t assistant. 

Answer to reasons of appeal. 

Action brought by Edm. Bridges v. Mr. Wm. Paterson, 24 : 
12 : 1667, before Wm. Hathome, for debt. Plaintiff appealed 
to the next Ipswich court, Hackeliah Bridges and Jo. How, sure- 
ties. Copy made by Wm. Hathome.t 

t Autograph. 



1668] REC0BD8 AND FILES 7 

Hackaliah Bridges v. Richard Holmes and wife. DefamatioiL 
Verdict for plaintiff. 

Oliver Purchase v. Thomas Towers. Nonsuited. 

Christopher Millton v. Henry Kimble. Action of account. 
Withdrawn. 

Obadiah Wood v. Nath. Addams. Verdict for plaintiff, to give 
a deed within ten days. This was not accepted.* 

Writ: Edm. Bridges of Topsfeild v. Mr. Wm. Paterson; debt 
of 2s. for attending as a witness before Maj. Gen. Denison; dated 
Feb. 17, 1667; signed by Rob. Lordf for the court; and served by 
Rob. Lord,t marshal. Copy made by Wm. Hathome,t assistant. 

Jeremiah Belcher, aged about fifty-four years, deposed that be- 
ing at Mr. Patterson's lodgings in Ipswich when John How of 
Topsfield with some others bought some goods of Mr. Patterson 
for which said How was engaged to pay wheat without smut, 
How said his wheat was good and he did not know that it had 
any smut, and Patterson said a little would not matter, so John 
How set his hand to the bill. 

*Writ: Obadiah Wood v. Nathaniell Addams; for disturbing 
the title of a middle division lot No. 70 in the town book, lying 
upon the great hill at Hog Island, by making sale of it to another 
man; dated. Mar. 24, 1667; signed by Robert Lord,t for the 
court; and served by Robert Lord,t marshal of Ipswich, by 
attachment of two oxen. 

Micaell Cresee deposed that he was in company with Nathan- 
iell Addams and Obadiah Wood the day when the lot layers went 
to show Hog Island lots to those to whom these lots fell. Nathan 
Addams' lot fell on Hog Island hill and he said he would sell it. 
Obadiah Wood asked him how much he would take for it and he 
replied 50s., and Wood agreed to buy it and pay for it in mer- 
ctumtable goods by the next March following, and if he did not 
pay in that time, would give him 5s. more. So they shook hands 
upon the bargain. Sworn in court. 

Obediah Woods' bill of costs, lli. 15s. 6d. 

Thomas Lovell and William Bucklye deposed that Adams 
showed Obadiah Wood a great rock in his lot and told him he 
might make an oven on the rocks, that there was brush at the 
other end of the said lot to make faggots and so delivered the 
said lot to Wood. They judged the lot to be worth at least seven 
pounds and would pay that for it. Sworn in court. 

Thomas Bumum and Moses Pengrye, jr., deposed that on elec- 
tion day in 1667, Obadiah Wood tendered Addames a young cow 
at said Addams' house in payment for the lot, which cow was 
appraised at 31i. 10s. Sworn in court. 

tAvtograph. 



8 IPSWICH QUARTERLY COURT [Mar. 

Mr. Wm. Symonds v. Edmond Bridges. Debt. Verdict for 
plaintiff.* 

Mr. Antipas Newman v. Thomas White. Forfeiture of a bond 
upon arbitration. Verdict for plaintiff. Appealed to the next 
Court of Assistants. Thomas White and John How bound.t 

Nicolas Wallis deposed that Nathaniell Addams refused to 
accept a cow and a colt at two different times. Sworn in court. 

John Frinky aged twenty-six years, deposed that Adams 
refused to give Wood assurance of his lot, etc. Sworn in court. 

John Layton, lot layer, deposed that he heard Adams deliver 
the lot to Wood, etc. Sworn in court. 

♦Letter of attorney, dated, July 2, 1667, given by William 
Symonds of Wells, County of Yorkshire, alias in the province of 
Maine in New England, gentleman, to his loving friend Robert 
Lord, jr., of Ipswich, marshal, in the action brought against 
Edmond Bridges, jr., of Topsfield, blacksmith. Wit: Samuell 
Symonds, junr.} and Prissilla Symonds.} Sworn upon oath of 
Samuell Symonds, jr., that he saw his brother Mr. William 
Symonds sign and deliver this letter of attorney. 

Edmund Bridges,} 3d., of Topsfield, blaeksmith, promised, Jan. 
25, 1664, to pay Mr. William Symonds of Wells, lOli., five to be 
paid in two months either in tools, such as axes, hoes, plough- 
shares, chains, etc., or in an acceptable bill to Mr. Curwin for 
merchantable goods, and the other five pounds to be paid in mer- 
chantable wheat within six weeks after next Michaelmas, delivered 
in Ipswich, in consideration of a servant which he had received of 
said Symonds. Wit: Samuell Symonds, jr.,} and John Willis- 
stone.} • 

William S3maonds} made choice of the first pa3maent to be made 
in goods by Mr. Curwyn and assigned the same on Mar. 4, 1664, 
to his father, Mr. Samuell Symonds. Wit: James Chute} and 
Elizabeth Symonds.} 

tWrit, dated 22 : 1 : 1668, signed by Tho. Fiske} for the court, 
and served by James Molten,} constable of Wenham. 

Mr. Newman's bill of cost, Hi. 4s. 6d. 

John Higginson,} by deposition dated Salem, Mar. 27, 1668, 
testified in favor of Mr. Newman and that the latter had offered 
to abate half of the debt when he was not bound to abate one 
penny. Tho. Cobbet} deposed the same. 

Antipas Newman} and Thomas White,} both of Wenham, on 
Mar. 11, 1667-8, agreed to leave their differences to Rev. Mr. 
Thomas Cobbitt, Mr. John Higginson and Mr. John Halle, to 
determine the same "according to reason & religion." Wit: 
Rebekah Halle} and Anne Winthrop.} Swo^ in court by 
Thomas White. 

{Autograph. 



1668] BECORD8 AND FILES 9 

Richard Longhome had his license renewed for a year, also his 
license to sell strong water renewed. 

Mordicha Creford was licensed to keep an ordinary at Salem 
for a year. 

Capt. Paul White had his license renewed for a year. 

John Sorla had his license renewed, also his license to draw 
liquors, but to suffer no townsmen to drink liquors in his house. 

Andrew Peeters had his license renewed for a year, but not to 
suffer any to drink in his house. 

Steephen Hasscot was licensed to sell liquors to supply his own 
boats for a year, provided he did not allow it to be drunk in his 
house. 

Deacon Pengry and Mr. Baker had their licenses renewed for a 
year, also their licenses to draw liquors. 

Award of the arbitrators, Tho. Gobbet,* John Higginson* and 
John Hale,* dated Mar. 12, 1667-8, concerning a bargain made 
Dec. 2, 1658, that there was no need of determining whether the 
bargain about Tho. White's farm was a sale or a mortgage; that 
both parties acknowledged that Sergeant T. White, on Dec. 19, 
1665, gave a bill to Mr. Newman, acknowledging a debt in full 
of 231i. 17s., and since only lOli. 10s. had been paid, the remainder 
of the bill was due; that they advised courtesy toward each 
other and advised Mr. Newman to remit the debt either in whole 
or part. 

Elizabeth Gott, aged about twenty-two years, testified that Ser- 
geant White, being at her mother's house, in speaking of Mr. 
Newman, said that he knew of no kindness that Mr. Newman had 
done him and that he was never beholden to him for the worth of 
a two pence. Also that "he had a Hundred pound of m' New- 
man, and he had payd him eight scoor for it, And that he could 
goe no higher in taking use, no, not by ye law of England, And 
he further said y* he could have as good Dealing from a Turke 
or Pagan or Indian as from M' Newman, yea, saith he, from God- 
ferry himself, with many such like words, These he spake y* 5*** 
day in the evening not long after y« Elders were gone from M' 
Newman's." Sworn in court. 

Widow Gott, aged about sixty-six years, deposed. Sworn in 
court. 

Henry Dab, Edward Yard, John Bird and Richard Jane, dying 
intestate, court granted administration upon their estates to Mr. 
Moses Maverick and Samuell Ward, who were ordered to bring in 
inventories to the next Salem court. 

*Antograph. 



10 IPSWICH QUARTERLY C0X7RT [Mar. 

Tho. Bishop and Frances Wainwright had their licenses renewed 
for a year. 

Quartermaster John Perkins was licensed to keep ordinary and 
draw wine for a year, also to draw liquors but to no townsmen to 
drink in his house. 

Samuell Archard, administrator of the estate of his father Sam* 
uell Archard, deceased, acknowledged judgment to William 
Oxmon upon two bills wherein George Rops was also engaged.* 

Upon complaint to Major Hathome of Elizabeth Hatherland 
against Wm. Sprage and Hellen Chard, the case having been 
referred to this court, it was ordered that for the trespass and 
horrible abuse to said Elizabeth, the parties were to pay her 51i. 
each, and for the crime and misdemeanor to be severely whipped 
or pay 51i. to the treasurer and remain in prison until it be satis- 
fied, also to be bound to good behavior. For being drunk, accord- 
ing to their own confession, they were also fined. Wm, Sprage 
and Hellen Chard bound. 

Nicolas Vanden, for running away, was ordered to be severely 
whipped and pay 51i. for hue and cries, also 151i. to his master, 
Robert Crose. The said Crose was given liberty to put off said 
Vanden for ten years to any English nation for his thefts and 
charges he had put his master to by his running away several 
times, and to have an iron put on his neck. 

Wm. Woodbery dying intestate, court granted administration 
upon his estate to Judith, his widow, who presented an inventory 
amounting to 18811. 10s. 6d. Court ordered that she pay to 
the three children 501i. given them by their grandmother, at age 

'''Bond of Samuell Archardf and George Roppes,t both of 
Salem, carpenters, to William Oxman of Salem, fisherman, dated, 
Mar. 23, 1666-7, for 31i., to pay 40s. to said Oxman on or before 
Apr. 23, 1667. Wit: Hillyard Veren, sr.f and Henry Skerry, sr.f 
Sworn, 28 : 1 : 1668, by HUiard Veren, sr., before Wm. Hathome,t 
assistant. 

Bond of Samuell Archardf and George Roppes,t both of 
Salem, carpenters, to William Oxman of Salem, fisherman, dated, 
Mar. 23, 1666-7, to pay to said Oxman 8h. 10s. in one bushel of 
wheat and one bushel of pease and the rest in beef and pork, or 
good dry fish, on or before Nov. 15, 1667. Wit: Hillyard Veren, 
sr.f and Henry Skerry, sr.f Sworn by Hiliard Veren, sr., before 
Wm. Hathome,t assistant. 

tAutognph. 



1668] BBCORDS AND FILES 11 

or marriage, and lOli. to the younger daughter at the age of 
eighteen or time of marriage, the house and land to be security. 
Judith Woodbery bound. 

Whereas there was a will of Austin Killum proved the last 
court and no executor named, court appointed Daniell Killum as 
administrator. 

Peeter Nash's fine for not appearing as a witness in Jo. Man- 
ing's presentment was remitted, he appearing and giving his 
reasons. 

Mr, Wm. Patteson was allowed costs in the action brought by 
Anthony Carroll, the latter not prosecuting. 

John Maning was ordered to pay witness fees to David and 
Abraham Hasseltine. John Sevoms was to bear his own charges.* 

John Pinder was discharged of his bond for good behavior. 

Joseph Safourd and his sureties were discharged. 

Holick Country and his sureties were discharged. 

Upon complaint of Capt. Wm. Gerrish and Mr. Joseph Hills 
against John Webster, court ordered that he publish his acknowl- 
edgment at the next public meeting in the meeting house at New- 
bury on the week day in full meeting and to the audience of the 
assembly, upon penalty of 40s. Also he was to bring a certificate 
from the constable that he had performed it, to the next Ipswich 
court.t 

^Robert Haseltine, grand jury man, testified that Peter Nash 
and John Sevems informed him that John Maning had sworn by 
the name of God that he would be the death of his brother, and 
that they would so testify, whereupon he was presented. Sworn 
in court. 

David and Abraham Haseltine made oath to the same and 
Peeter Nash to the substance of the charge. 

fBill of costs of Will. Gerrish and Joseph Hills, 21i. 2s. 

" 15*»» !■»• 68. m' Ed. Woodman deared me to write from his 
mouth As und' written as the sentence of himself. Arch. Wood- 
man & Rich. Dole. In Case John Webster did Act in the bussi- 
nes of John Atkinson According to law then we Conceive the 
Comissioners that did Arbitrate tiie Case did John Webster wrong 
in la3dng the Charge of the buissines upon him. And we Con- 
ceive John Webster did irregularly by the Comissioners in laying 
such things to their charge in so publique A way & not dealing 
with them According to the rule of the gospel & he ought to make 
Acknowledgment therof. By me Joseph Hills."t 

tAotograph. 



12 IPBWICH QUARTERLY COURT [Mar. 

Tristram Coffin, aged thirty-six years, testified that John Web- 
ster and John Atkcesson agreed that the difference between them 
which was occasioned by John Webster ''Cam in molesting John 
Atkcesson about a kegg of f eesh which M' Will [torn] imployed 
John Webstar to mack sarch after: both partis did Consent 
[torn] Joseph hills and Cap Willeam Gearrish and Nicklns noyes: 
which [torn] the Commisieners showld arbetrate thare howlle dif- 
arans: with [torn] in Jown[c]tion to end it according to law." 

Anthony Somerby, aged fifty-eight years, testified that John 
Webster and John Atkinson referred the difference between them 
to Capt. Gerrish, Mr. Hills aixd Nicholas Noyes. And after 
these men had given in their determination John Webster was 
discontented at it but he did submit to it and said he would pay 
it, but after a general town meeting when the said gentlemen were 
chosen anew for another year, John Webster stood up and said 
he was against the choice of Capt. Gerrish and Mr. Hills, for said 
he they ''affronted me in my office & abused me." 

John Webster, aged thirty-five years, deposed that there was a 
difference about a keg of sturgeon. "I asked John adkison about 
it he tould mee that m' thomas Did owe him somthing and hee 
went for it, but m' thomas sayd I cannot let you haue it now: 
but sayd he I was Resolved to haue it and so I began to Prays 
his larg f erkins and ca^es yea sayd m' thomas and thay ar well 
filed. Do but see how hevey thay bee: so I tooke a cagge of 
stergin which m' thomas sayd was for my lord willowby: and I 
went out with the cage but m' thomas sayd I should not haue it: 
but I Rubed out his marke and set on my marke and careyed it 
a bord of John kent: and m' thomas sayd I had stolen his fish and 
spake to steven swet to take it from me but I would not let swet 
haue it." Sworn, Sept. 23, 1667, before Daniel Denison.* 

Ant. Morse, aged about sixty years, testified that he showed 
the paper respecting his speeches concerning the commissioners 
to John Webster, who owned that the words were spoken by him. 
Sworn in court. 

Tristram Coffin testified that at the time the arbitration was in 
hand at Mr. Woodman's between the commissioners and John 
Webster that Capt. Gerrish and Mr. Hill excepted the matters 
before the church and all things respecting the country and re- 
ferred nothing but personal matters to themselves, and that with- 
out any bond, as testified by Richard Dole, etc. 

Record of a meeting of the commissioners for small causes 
in Newbury, Sept. 4, 1667, John Atchinson v. John Webster, 
for molesting him and troubling him on the Lord's day, set- 
ting a watch over him as a prisoner and forcing him to go to 
Ipswich needlessly about a keg of sturgeon which Mr. Thomas 
delivered him. Conmiissioners as arbitrators ordered Webster to 

^Antognph. 



1668] RECORDS AND FILES 13 

pay plaintiff Hi. 6s. 3d. John Webster's charges, Hi. 6s. 3d. 
C!opy made by Anthony Somerby.* 

Warrant to constable of Newbury, dated Aug. 31, 1667, upon 
complaint of Mr. Thomas that he had lost some kegs of sturgeon, 
etc., signed by Daniell Denison. Copy made by Anthony Somer- 
by.* 

In the difference arising between the commissioners of New- 
bery, Capt. Gerish, Mr. Joseph Heile and Nikelas Noyes, and the 
constable John Webster, the matter was left to arbitrators, 
Ekiward Woodman, sr.,* Archalaus Woodman* and Richard DoUe. 

Daniel Lunt, aged about twenty-seven years, deposed that he 
being at Mr. Woodman's house with some of the townsmen, heard 
John Webster say that never was a constable so abused as he had 
been by the commissioners, etc., and bade him to tell deponent's 
father Hill. 

Sam Moodey* deposed Mar. 16, 1668, concerning what John 
Webster said. Sworn in court. 

Stephen Swet deposed, Apr. 2, 1668, that Mr. Thomas de- 
Uvered the sturgeon to Atkinson at the cellar door, etc. 

Robart Holmes deposed, Apr. 2, 1668, that he was at Mr. 
Thomis' to receive sturgeon for Stephen Swet, etc. 

Nico. Noyes testified that Webster accepted the award of the 
arbitrators. 

John Atkinson, aged about twenty-eight years, deposed that 
Webster came into deponent's house before sun setting, saying he 
came to search for stolen sturgeon. Deponent told him it had 
been given him and it was aboard John Kent's boat to carry to 
Boston, etc. 

Richard Pettingall, aged forty-seven years, testified that Web- 
ster came to him on a Lord's day before the sun was down and 
asked him and his son to take charge of John Atkinson until he 
had occasion to call for him. Afterward they went to Mr. 
Thomas' house and Atkinson told Thomas that if he would pay 
him what he owed him. within one month, he should have the 
keg of sturgeon, etc. 

Joseph Hills* and An Hills* deposed that John Webster, dis- 
coursing about the warrant of Maj. Dennison requiring him to 
carry a person before authority, which it was alleged might interfere 
with the commissioners' authority, replied that he might then have 
carried him before a pig pounder, for a pig pounder was a man in 
authority. They answered him saying, "Goodman Webster 
your comparison is verie gross and such As you will be ashamed 
of or Ashamed to own before Authoritie." 

Israel Webster, aged twenty-foiu* years, Parseiell Loell and 
Fransis Therly deposed that before John Adkison declared his 
case the commissioners took up the cause themselves and in a 
violent way carried the thing against John Webster; that when 

^Autograph. 



14 IPSWICH QUABTBBLT GOUBT [Mar. 

Thomas Bishop, upon his petition, was released from mftlHng 
confession of his offence, paying the other part of his fine. 

Ens. Thomas Chandler of Andover came into court and offered 
Job Tyler 201i. to settle and also to remit his son's bond of lOOli. 
Otherwise that the court might allow him what they thought 
meet provided he might be quiet.* 

Lawrance Clenton surrendered his right and interest in the will 
of his mother-in-law Martha Halfield to Thomas Fiske of Wen- 
nam as feoffe in trust for Rachell Clenton, his wife. 

Will of Martha Halfield, widow of Richard Halfield, was proved 
by Daniell Warner and Samuell Younglove, sr. Richard Hubbard 
who was named as executor, refused to serve, and Thomas White 

John Webster desired the liberty of the law, six days, the com- 
missioners said that " Proud Jaks befor Now had Pleaded the same 
but thay had made them stoope and so should Hee;" and that the 
commissioners said that Webster might have let the warrant fall, 
and Capt. Gerish said if he had known about it, the Major should 
not have granted that warrant to a mad man, as he said Mr. 
Thomas was, and Mr. Eills said so too. When the commissioners 
had the Major's warrant in their hands they said "what you 
looke upon John Adkison to bee an evell Disposed Person belike: 
if he had bene the aereyest Rogue in the contrey you could 
not haue don worse by him then you haue done." Sworn in 
court. 

Percifall Lole, aged twenty-nine years, and Frances Thurly and 
Robert Bidell, aged twenty-four years, deposed. Left. Pike 
mentioned. Sworn, Sept. 23, 1667, before Daniel Denison. Copy 
made Apr. 28, 1668, before Robert Lord,t cleric. 

*Job Tiler'sf complaint to the grand jury, dated Mar. 31, 1668, 
that John Stevens and Thomas Chandeler, both of Andover, 
about Aug. 20, 1667, by violence and force "and in a Ryotous 
mannor and against the peace of our Souerigne Lord the Kinge, 
his Crowne & Dignity and the peace & Lawes of this Country," 
took away from Richard Post of Oborne,t the marshal general's 
deputy, in the common highway leading from Andover to Obome 
about six miles from Andover, two oxen and two cows which Post 
was to deliver to Tiler, upon execution against said Chandler. 
Tiler prayed that "such practises and violence offered to y* su- 
preme Authority may not goe unpunished for if this be suffered 
f arr well Lawes Libertys and the rights of the People but you are 
the persons y* god giues power to prevent these abuses, you beinge 
now thee eyes and eares of this Cotmty & called Together to pre- 
sent offences and breach of Lawes." 

fAutograph. tWobum. 



1668] BECOBDS AND FILES 15 

was appointed administrator. Said White was allowed charges 
of 211i. 28. for care of his mother and other expenses. 

Johv Hassall, dying intestate, court granted administration 
upon his estate to Thomas Lovell, his son-in-law. An inventory 
amounting to 401i., for a house lot and a six-acre lot, was pre- 
sented by William Goodhue and Thomas Knowlton. 

Given to the house, 5s. 

John Frink, aged twenty-six years, James Chute, jr., aged 
nineteen years, and Thomas Newman deposed that they went to 
work for Goo^an Wood last planting time at Hogg Island, and 
two dogs went with them. When they went ashore at the Island, 
the dogs went away and when they reached the top of the hill, 
they heard a great noise. Then they heard the dogs bark and 
when they reached the lot, they saw Sam. Dutch and Jonathan 
Clsxk setting the dogs on hogs, and they called off the dogs. Fur- 
ther, that Goodman Wood's boys were not at the Island that day, 
but John Wood came over with his oxen when it was nearly 
night. Sworn in court. 

Benjamin Procter, aged about seventeen years, deposed that in 
the last planting time he saw John Wood and Nathaniel Wood 
hunting Goodman Bennet's hogs with two great dogs, etc. Sworn 
in court. 

Jorge Stimson, aged twenty-seven years, deposed. Sworn in 
court. 

Ephraim Fellows, aged twenty-seven years, deposed that when 
he was coming from Castle neck in a canoe, he heard a great hunt- 
ing of hogs at the Island in the marsh behind the round island. 
Standing up in the canoe, he could not see where they were, but 
saw a spotted hog come over from Hog Island to the marsh and 
then go back again. Further, that Goodman Wood's canoe lay 
near the place where the himting was, etc. Sworn in court. 

Ricard Peiers deposed that Goodman Wood's sons coming from 
Hog Island said that "our hogs had eat up ther com." Laurance 
Clenton said, etc. John Wood spoke of Goodman Procter's hogs. 
Sworn in court. 

Thomas Clarke, aged about thirty years, deposed that he told 
Goodman Wood that if the hogs were his, he would not have them 
so hunted for five pounds, etc. Sworn in court. 

Elisebeth Lilboure, aged twenty-three years, deposed. Sworn 
in court. 

John Frink, aged twenty-six years, deposed that as he was go- 
ing to work at Hog Island for Goodman Pyper last spring with 
Goodman Wood's boys in their canoe, they saw a hog dead upon 
a point of marsh near Hog Island toward the west, etc. Sworn 
in court. 



16 IPSWICH QUABTEELY COURT [Mar. 

Will of Martha Hafield of Ipswich, dated June 11, 1662, and 
proved, Mar. 31, 1668, upon oath of Daniel Warner, sr., and 
Samuell Younglove, the witnesses: To daughter Mary Cobbitt, 
10s.; to daughter Sarah Elsie, 10s.; to daughter Martha Coye a 
pot, brass skillet and two large pewter dishes, four pair of sheets, 
four napkins, four pillow beers, one kettle and a stone jug tipped 
with silver; to daughter Ruth White, two large pewter dishes, 
four pair of sheets, four pillow-beers, 4 napkins, one brass kettle 
and two silver spoons; to daughter Rachell Hafield her house and 
land in possession of Richard Brabrooke, she to give security for 
the payment of one third the rent received yearly from Brabrooke 
to daughter Martha Coye, and another third to daughter Ruth 
White; to daughter Rachell Hafield her dwelling house and house- 
hold goods unbequeathed, and if said Rachell died without issue 
the farm was to be divided equally between her other two daugh- 
ters; to daughters Martha and Ruth, all her wearing apparel. 

Inventory of the estate of widow Hafield, taken Mar. 30, 1668, 
by William Geare and Walter Fairefield, and proved by Richard 
Coye and Thomas White: Beds and bedding, kitchen utensils, 
chafing dish, pewter dishes, wearing apparel, books, basket, one 
old cow; total, 491i. 16s. 6d.; the farm was appraised at 3001i. by 
Richard Hutten and John Clarke. 

Will of Peeter Cooper, dated Jan. 3, 1667, and allowed Mar. 
31, 1668, in Ipswich court: To wife Emm, his riding horse and one 
third his estate during her life; to children Samuell, Mary, De- 
borah and Sarah, the rest of his estate, his son Samuell to have a 
double portion, and daughters Mary How, Deborah and Sarah to 
have equal portions, the 321i. already given to daughter How, to 
be deducted; to wife, 201i. out of her thirds to dispose of as she 
desires, and upon her death, the estate to be divided equally, 
Samuell to have a double portion, one fifth part of which to go to 
the children of his daughter Mary How; wife Emm, executrix. 
Wit: Maximilian Jewett and Samuell Brocklebank. 

Inventory of the estate of Peeter Cooper, appraised by Maxi- 
milian Jewett, Samuell Brocklebanke and John How: Wearing 
apparel, beds and beding, grain, yarn, wool, domestic animals; 
house, bam, orchard and land on the east side of the street, 551i. ; 
eleven acres on the west side, 461i. ; land at Bachelour's field, new 
plain, "gate land*'. Oyster point, at Mr. Dummer's farm, at Hog 
Island, Mirimack, the Village; tools, pots and kettles, fowling 



1668] RECORDS AND FILES 17 

piece, furniture, cubbard, etc.; total, 39611. Ss. 4d. Debts due 
from the estate, 3211. 

Will of Charles Gott, sr., of Wennam, dated 23 : 11 : 1667, and 
allowed. Mar. 31, 1668, in Ipswich court: To wife, his house and 
one-third of his land in the plain during her life; to Charles and 
Daniell, all the rest of the land in the plain, Charles to have two 
acres and his son Daniell the rest, and Charles to have one acre 
more at his wife's decease, the house and rest of his wife's thirds 
to be his son Daniel's; his son Charles to have two acres of 
meadow and son Daniell the other six; to Charles, the great 
copper kettle and to Daniell the brass kettle, also to the latter 
his bed and f umitiure, except the rug and blanket which he gave to 
Charles, his wife to have the use of it her lifetime; to Daniel his 
horse, and the other cattle and swine to his wife, the remamder 
of the moveable goods to be divided between his two sons at their 
mother's decease; his wife, executrix, and Wm. Geare and 
Thomas Fiske, overseers. 

Inventory of the estate of Mr. Charles Gott, sr., of Wenham^ 
who died Jan. 23, 1667, appraised Jan. 26, 1667, by William 
Clarke and William Geare; dwelling house and bam, 42h. 10s.; 
domestic animals, wearing apparel, bed and bedding, pewter, 
household implements; total, 19011. 15s.; his debts, 1411. 

WIU of George Tayler of Linn, dated Dec. 20, 1665, and allowed 
Mar. 31, 1668, upon oath of Wm. Clarke and Henry Rhodes, the 
witnesses; wife Elizabeth, executrix, and William Clarke and 
Henry Rhodes, overseers; to wife, his whole estate, she to pay 
lOlL to his servant Joseph Farre. 

Inventory of the estate of Georg Tayler of Lynn, taken by- 
Henry Rhodes and William Clarke, and proved by Elizabeth, hi» 
widow, Mar. 31, 1668, in Ipswich court: Clothes, bedding, gun 
and sword, domestic animals, books, etc.; total, 14411. 12s. 6d. 

Will of Tho. Howlet, jr., dated Dec. 21, 1667, and allowed Mar. 
31, 1668, upon oath of John Redington and Isaack Comings: In 
case his wife had a son bom after his decease, the child was to 
have a double portion, and if it were a daughter, one-third part 
more than to any of the other two; to wife, all the estate until 
the children become of age or are married, and then to have one 
half during her life; his father Pabody and wife Elizabeth, execu- 
tors. Wit: John Redington, Daniell Borman and Isaack Com- 
ings. 



18 IPSWICH QUABTERLT COURT [Mar. 

Inventory of the estate of Thomas Hewlett, jr., who deceased 
Dec. 23, 1667, taken by Isaack Comings and John Redmgton, 
and proved Mar. 31, 1668, at Ipswich court: House, and 100 
acres of land, 2201i.; domestic animals, beds and bedding, wear- 
ing apparel, kitchen utensils, tools, two guns, grain, books; total, 
4i01i. 8d. 

Inventory of the estate of Wm. Woodbery, jr., taken 23 : 11 : 

1667, by Tho. Lawthorpe, Wm. Dixeye and John Hill, and al- 
lowed Mar. 31, 1668, upon oath of Judith, the widow: Wearing 
apparel, musket, bedstead and bedding; dwelling house, bam and 
five acres of land, lOOli., total, 18811. lOs. 6d. The estate owed 
lOOli., 501i. of which belonged to three of the children, which was 
given them by their grandmother. 

Inventory of the estate of William Law, appraised Apr. 1, 

1668, by Maximilian Jewett, Richard Swan, Erokieli Northend, 
John Tod and Sam. BrocUebanke: Silver in his purse, 19s. 8d., 
books, wearing apparel, beds and bedding; sword, oorslett and 
pike, kitchen utensils, grain, tools, domestic animals; house, 
bam and land on both sides of the street, 401i.; land near Samuell 
Mighill's, 4 acres bought of John Newmarsh, land beyond Mill 
river, part of which was sold to John Person, one acre in Symond's 
field bought of Mr. Anthony Crosbie, land in Satchwell's 
meadow, two acres by Shad creek, marsh at Elders' Island 
bought of Mr. Crosbie, marsh at Hogg Island, at Merrimack and 
Crane meadow; cotton loom and spool wheel, furniture; total, 
656U. 6s. 4d. 

Will of Samuell Shepard, now of Rowley, dated Apr. 4, 1668, 
and allowed Apr. 22, 1668, before Mr. Samuell Symonds and 
Major Genrll. Denison, upon oath of Lieft. Samuell Brocklebanke 
and Hanah Hassen: The 401i. due him from his grandfather 
Hooker's will was to be divided, half to his honored uncle New- 
ton, and lOli. to his uncle Willson and lOli. to his imcle Samuell 
Hooker; his estate in and about Rowley he gave to his child 
Samuell, and his father and mother Flint to have charge of the 
child's education and care until he come of age and if he should 
die, they to have the whole estate, excepting the library, which 
latter he gave to his brother Jerimiah Shepard; his writings, to 
his loving brother Josiah Flint; to brother Jerimiah, his ''thre 
zauches'', those in old covers; his father and mother Flint, execu- 
tors, who were to give certain moveables to requite the kindness 



1668] BECOBDS AND FILES 19 

of any one of his loving friends, whether natural relations or 
strangers; to brother Seth and sister Ruth, each a calf. Wit: 
Samuell Brocklebanke, Sarah Phillips and Hanah Hassan. 

Inv^itory of the estate of Mr. Sheppard, late pastor of the 
church of Rowley, appraised by Moses Paine, Maximilyan Jewett 
and Samuell Brocklebanke, and allowed Apr. 22, 1668, before Mr. 
Samuell Symonds and Major Genrll. Denison: Silver and plate, 
wearing apparel, furniture, beds and bedding, brass, pewter; 
dwelling house, bam and land, 1301i. ; farm granted by the town, 
3(Hi.; domestic animals; books in his library, 541i. 13s. 2d.; a 
legacy in Mr. Hooker's will, 401i.; total, 51511. lis. 6d. Debts to 
Mr. Heaekiah Usher of Boston, etc., 7311. 5s. 1 l-2d. 

William Cottl, dying intestate, Mr. Samuell Symonds and 
Major Genrll. Denison, on June 25, 1668, granted administration 
upon the estate to Sarah the widow, who was ordered to bring in 
an inventory to the next Ipswich court. 

Will of Ann Sutherick, lately the wife of Thomas Flint, de- 
ceased, dated May 28, 1668, and allowed, Aug. 13, 1668, upon 
oath of Job Swinerton, Anthony Needum and Thomas Flint, be- 
fore Mr. Symon Bradstreet and Major Genrll. Denison: The 
estate left her by her husband Flint, according to his will was to 
be given to his children and no others, to son Thomas, daughter 
Elizabeth, wife of John Leach, son George, and son John, 151i. 
each; to son Joseph, 301i.; to son George, John and Joseph, 301i., 
equally divided, which she promised them when she married her 
husband Sutherick; son Thomas Flint and son-in-law John Leach, 
executors, and her brother-in-law William Flint and Job Swiner- 
ton, jr., overseers. Wit: Job Swinerton, Thomas Preston, 
Thomas Flint and Anthony Needum. 

Inventory of the estate of Thomas Flint, appraised by Nathan- 
iell Putnam and Anthony Needum and sworn to, 29 : 7 : 1668, by 
Elisabeth Leach, before Wm. Hathome,* assistant: The farm, 
12011., land bought of Goodman Goodell, 201i., land beyond 
Ipswich river, at Salem town; domestic animals, grain, tools, 
household furnishings, wearing apparel, great Bible and psalm 
book, sermon book, debt due from William Curttice; total, 43511. 
10s. 8d. Creditors: Mr. Browne, Lift. Smith and Goodman 
Clearke. Sworn in court by Thomas Flint that this inventory 
was the estate of which his father died possessed. 



20 salisbubt quarterly court [apr. 

Court held at Salisbury, 14 : 2 : 1668. 

Jury of trials: Mr. StaBian, foreman, Robert Ring, Sam. Bus- 
well, Joseph French, fined for non-appearance, Tho. Barnard, sr., 
Sam. Foot, Jno. Hutchins, Daniell Hendrick, Wm. Fullar, Nath. 
Wear, AUexander Gording, Joseph Berrie, Tho. Marston, Abraham 
Perkins and Jno. Carleton. 

Grand jury: Lt. Ben. Sweat, foreman, Eidward French, Jno. 
Stevens, Jno. Ilsly, Rich. Currier, John Weed, Jno. Robison, Jno. 
Sambom, Isaac Perkins, Jno. Cass, Moses Cox, Thomas Whitcher 
and Peter Eyer. 

Edward Cottle v. Joseph Lankaster. Appeal from a judgment 
of the commissioners for small causes of Salisbury new town. 
Verdict for defendant. Court did not consent to the verdict. 

WilU. Cottle V. Tho. Barnard, and Wm. Hackat. Debt, due 
upon forfeiture of a bond upon non-appearance of said Hackett 
at last Hampton court. Verdict for plaintiff. Court moderated 
the bond without taking into consideration the merit of the origi- 
nal cause, which the parties did not agree to commit to trial at 
this court.* 



*A list of articles standing on Will. Cotle's book, as freighted 
upon the vessel of Will. Hacket for New Jamsey at Nubury, July 
5 and 6, 1666, but never ddivered to said CotteU: One featiierbed 
and bolster, 51i. 5s.; green rugg & one red Ru^, woollen, 2h. 10s.; 
Coverlet, lli. 12s.; large Quilt, lli.; cotton rugg, 31i.; one Cradle 
Rugg, 5s.; sea Rugg, 7s.; flockbed & feather bolster, 31i. 5s.; six 
feather pillows, 21i. Ss.; Hamack, lli.; seaven woollen blankets, 
71i.;/ payer hoUan sheets, 2IL ISs.; payer Dowlas sheets, 4li.; 
seaven payer Gotten sheets, lOli. 10s.; six hoUan pillo cases & one 
hoUan bolster case, 41i.; five payer cotton pillow cases & one bol- 
ster case, lli. 4s.; two payer of curtins, 21i.; warming pan, 13s. 
two hollan table clothes, lli. 10s.; two canvas table clothes, lli. 
four Cotton table clothes, 12b.; three dozen linnen napkins, 31i. 
twelve Towels, 41i.; three hollan Shifts, 2U. Ss.; three dowlas 
shifts, lli. 15s.; foure cotton shifts, lli.; fowre hollan Aprons, lli. 
10s.; to many suites of small linen, 31i.; childbed linen & blank- 
ets, lOli. ; one coate & sute of broadcloth, 71i. 2s. 6d. ; one great 
Coate, one payer 'Karsiebreeches, one Cordinant doublet, three 
payer of drawers, 21i. 5s.; two payer woosted Stockins, 17s.; pay- 
er Silk Stockins, 15s.; payer yearn stockins, 6s.; two cartors & 
two felks, 31i. 5s. ; taffate gown & one blu taff Cote, 91i. 78. ; one 
hayre prenella Gown, 51i. lOs.; two mild Sarge Gowns, 5U. 6s.; 
one Scarlet Cloth petticote, 3U. ; two Sarg petticotes & three 



1668] BEC0BD8 AND FILES 21 

Joseph Stowers v. Jno. Severans. Trespass. For mowing or 
causing to be mowed a certain parcel of marsh belonging to 
plaintiff, thereby claiming propriety thereof, said marsh lying in 
the cow common in the old town of Salisbury, and formerly 

Cloth petticotes, 311. lOs. ; cloth wastcote & one Sarge wastcoat, 
lli. 198. 6d.; one tufted hoUan suite, Hi. 16s.; 4 white wastcotes, 
lli. 8s.; Cloake safegard, lli. 6s.; payer blu sattin bodys, lU. 
17s.; payer silk stockins, one payer wosted stockins, lli. 9s.; 
1 payer hayr stockins, 7s.; payer thrid stockins, 5s.; Green 
Apron, 12b.; pillion, 12s. 6d.; scarff, lli. 17s.; white hood & 
1 white scarff, 14s.; 2 sarge Childrens Gowns, 21i.; tamme 
Cote A 1 white cote, lli. 6b. ; shifts, sidrts & other cloaths, 21i. ; 
sOyer bowle, 21i. 5s.; 1 bow whissle & chein, 21i.; 4 Spoones, 21i.; 
two sack cupps, lli. 15s.; 1 dram cupp, 5s. 6d.; payer of 
buckles, 9s.; 3 payer of buttons, 4s. 6d.; 2 kitles, 41i. 17s.; pott, 
10b., 2 skillets, 1^., lli. 4s.; scmnmer and frying pan, 9s. lOd.; 
3 brass CaadUstickB, ISs.; 5 brass spoones, 2s. 6d.; 6 large 
pewter dishes, 31i. 12b. ; 4 pewter dishes, lli. 5s. ; 10 plates. 111 ; 
12 Sawsers, 88. ; 2 large basons, 16s. ; 1 midle bason, 4s. ; 2 litle 
basons, 4s.; 4 porringers, 6s.; 1 potle pott, 8s.; half pint pott, 
28. ; tankenl, 5s. ; botle. Is. 6d. ; suck botle, 2b. ; 2 chamber pots, 
Ss. ; 1 standish, 5s. ; payre pot hookes, 2b. ; spit, 5s. ; payer fleck 
hookes, 2s.; box & iron, 5s.; spade & shovel, 9s. 6d.; Iron barr, 
4a, 6d.; tluree Axes, 13s. 6d.; portmantle, 15s.; payre of falls, 
Ss.; payre of bellows, 4s. 6d.; fire shovel, 3s.; payer tongs, 2b. 
6d.; gridiron, 48.; 2 Iron spindles. Is.; case of Imives, 128.; 2 
great knives, 2b. 6d. ; 80 yards Cotton cloth, 121i. ; 40 yards cot- 
ton & wollen cloth, 81i.; divinity booke, 21i. 10s.; 1 white lem- 
anado pott, 2s. 6d.; 2 great stone Juggs, lOs.; 1 Chaffindish, 4s.; 

1 rasor, 3s.; payre Ca^ wheels, 2h. 158.; wheel barrow wheele, 
3s. 6d.; chest and two trunks, lli. 8s.; 1 box & linen wheel, 128. 
6d.; great tubb, 38.; chum, 78. 6d.; 3 bucketts, 10s. 6d.; 2 payls, 
48. 6d. ; 2 Beer barrells, 6s. 6d. ; water Barrell, 38. ; great Chayer, 
48. ; Grindstone, 9s. ; Adds, 5s. ; firelock, musket and Bandeliers, lli. 
7s. 6d. ; payer great scales & beam, & litle scales & weights, lli. 
186.; 9 Sieves, 12b. 6d.; leather hatt case, 5s.; Cart rope, 

2 bedcords, 166.; 1 great funel with iron nose, 48. 6d.; 1 Lat- 
tin funel & pan, 28.; 1 litle Chayer, Is. 6d.; 5 trays, 7s. 6d.; 
cheecefatt, 28. 6d.; 2 keelars, 9s.; 1 barrel, beef & pork and 

3 fleches of Bacon, 61i. Is.; 20 gallons Molasses, 21i.; 3 bushells 
Malt, 15s.; 10 pound Sugar, lOli.; fruts, 158.; 10 bush, meale 
& Come, lli. 12s.; half bush, malt, 28.; firken sope, lli. 28. 6d.; 
quarter hundred fish, 4s.; total, 23511. 128. Sarah Cottell, 
wife of Willie Cottell, testified that all these goods were put up 
in cask, chests and trunks ; and she saw them all put aboard. 
Swom in court. 



22 8ALISBT7RT QUABTEBLT COURT [Apr. 

belongmg to the common right of Jno. Harison aad by him sold to 
Ralf Blasdale and by his successors conveyed to said Stowers, being 
the third lot as recorded and laid out. Verdict for defendant. 

Joseph Davis v. Capt. Walter Barefoot. For illegally taking 
201i. of plaintiff's estate by an assigned execution to said Bare- 
foot by Richard White of Eittery, in 1660. Verdict for plaintiff. 
Court did not receive the verdict, and the case fell to the nesct 
Ck)urt of Assistants according to law. 

Jos. Davis, agent and attorney of Tho. Davis v. Steven Kent. 
For laying out or causing to be laid out a parcel of land to him- 
self that was granted by the town of Haverhill to Tho. Davis and 
said Kent jointly and for making sale of said land. Nonsuited 
for want of an authentic power to prosecute.* 

Moses Bradstreet and Nathanell Elithoipe v. Peter Eyer, 
agent or attorney to Wm. Allen. Trespass. For defendant's 
marking several trees upon plaintiffs' land in Haverhill and claim- 
ing it as said Allen's. Verdict for defendant. 

Capt. Christopher Hussey v. Henry Green. Review of a case 
tried at Hampton, 13 : 8 : 1663, concerning a parcel of land at the 
west end of plaintiff's farm. Verdict for plaintiff. Court did not 
consent. 

Jno. Clough V. Come. Conner. Defamation. For himself 
and wife reporting that plaintiff took up a hog of defendants' and 
appropriated it to his own use. Withdrawn.! 

Mr. Harlakendine Simons and Mr. Wm. Simons v. Nicolas 
Lesson. Trespass. Done in their farm near Exeter or Dover in 
felling timber, and for disparaging their title. Verdict for plaintiff.! 

Edw. Colcord v. Nath. Boulter. Defamation. For making a 
complaint against him 12 mo. 1666, for stealing a chain from him. 
Verdict for defendant. 

*Writ dated Apr. 2, 1668, signed by John Carleton,§ for the 
court, and served by John Heselton,§ constable of Haverhill, by 
attachment of house and home lot. 

fWrit: John Cluff v. Comelas Connor; defamation; dated 
Apr. 9, 1668; signed by Samuell Dalton,§ for the court; and 
served by Joseph Fletcher,§ constable of Salisbury, deputy for 
Abraham Drake,§ marshal, by attachment of the house and the 
ten acre lot upon which it stands. 

JWrit, dated Apr. 7, 1668, served by WQliam Quarles,§ the mar- 
shal's deputy. Nicolas Idssen§ and Rob. Wadleigh§ bound. || 

§Atitograph. ||Tliis paper is badly torn. 



1668] RECOBDS AND FILES 23 

Edw. Colcord v. Nath. Boulter. Trespaes. For building upon 
and fencing in a part of Hampton commons, in which plaintiff 
had an interest. Verdict for plaintiff. Court did not receive it. 

Edw. Colcord and Francis Page v. Nath. Boulter. Trespass. 
For cutting and carrying away the grass of an acre of meadow for 
several years and endeavoring to alter the title, as appeared by 
their conveyances, said meadow lying on the west side of Hamp- 
ton, adjoining Jno. Marian's fresh meadow. Verdict for defendant. 

Wm. Roberts, Wm. Follet and Wm. Furber, administrators of 
the estate of Tho. Johnson v. Jno. Redman. Review of an action 
tried at Hampton court in 1659, when said Redman sued said 
Roberts and Johnson as sureties of Edw. Colcord and procured a 
judgment against them to the value of 501i. Special verdict 
found, that if the defendant's recovering a judgment against the 
plaintiff as assignee of Tho. Ruck be according to law when no 
assignment appeared, they found for defendant, if not, for plaintiff. 
Court found for defendant. 

Robert Swan v. Daniell Ela. For not satisfying said Swan for 
breaking up and cross-cutting three acres of upland. Verdict for 
plaintiff. 

Jno. Redman v. Jno. Brown, jr. Debt. To be paid in mer- 
chantable white oak hogshead staves. Withdrawn.* 

Joseph Beray v. Edw. Fox. For the defendant not giving said 
Berrie security for a bill which said Brey stands bound with said 
Fox to Wm. Neff of Haverhill for a horse which Fox bought of 
Neff, the bill to be paid in white oak pipe staves. Verdict for 
defendant. 

Jno. Redman v. Wm. Fifeild. Defamation. For charging 
plaintiff with theft, saying that he had stolen a bottle of liquors 
from defendant. Withdrawn. 

Jno. Gillman and Ralfe Hall v. Wm. More and partners. 
Breach of covenant. For not keeping in repair their part of a 
saw mill. Verdict for plaintiff. 

Joseph Davis, agent or attorney of Tho. Davis v. Joseph Mer- 
rie. Debt. To be paid in Indian com. Withdrawn. 

*Writ, dated Apr. 3, 1668, signed by Samuell DaIton,t for the 
court, and served by Abraham Drake,t marshal of Hampton, by 
attachment of his farm. 

t Autograph. 






24 SALISBUBY QUARTERLY COURT [Apr. 

Court allowed 12d. each to the jury of inquest upon the un- 
timely death of Wm. Simons, for their expenses, and the same for 
the death of Ed. Evrin. 

Wm. Osgood, Robert Jones, constables. Nicolas Smith, con- 
stable, Exeter. 

John Ho3i;, jr. had his license renewed to keep the ordinary at 
the new town and to provide entertainment for horse, men and 
foot men. He had liberty to sell what wine and strong waters he 
had laid in, and Lt. Challis was to take notice of what he had on 
hand and make return to the clerk within fourteen days. 

Wm. White, constable of Haverhill. 

Sam Simons was allowed by this court to keep the ferry at 
Ebkverhill. 

Rob. Savory, Jos. Palmer, Jno. Burbanke, Jno. Tennie, Joseph 
Pike of Rowley, Tho. Whitcher and Steven Webster of Haverhill 
took the freeman's oath. 

George Vezie and James Kid, administrators, were bound to 
give an account of the estate of Edw. Evrin. 

Jno. Gilman and Ralfe Hall were appointed commissions^ for 
small causes for Exiter. 

Sarah Osgood, for fornication, was sentenced to be whipped 
twenty stripes at the meeting house, within six weeks after con- 
finement, and Capt. Pike and Mr. Bradbury to see it done after 
some lectiure day, unless the fine of 51i. be paid before that 
time. 

There was a complaint made by the marshal of Norfolk and 
Henry Robie of Hampton to the worshipful Major Denison 
against Mary Fulsham, wife of Jno. Fulsham of Exiter, for 
snatching an execution out of the hands of the said marshal, and 
tearing it to pieces. Court found her guilty and ordered that she 
pay treble damages to the party who obtained the judgment. 
Execution respitted. 

Court continued the case concerning Tho. Sargent and Sarah 
Osgood to the next Hampton court. 

Complaint against Daniell Lad, jr., W. Hutchins and John 
Griffin. 

Sam. Moudy and Caleb Moudy took the freeman's oath. 

Jno. Hussy "for working of a fast day in Marche last notw*^ 
standing he was minded of it" was fined 20s. 

Steven Hussey, for disturbing the congregation of Hampton on 



1668] BECORI>S AND FILES 25 

the Lord's day and reviling the office and person of their pastor, 
Mr. Gotten, both in public and private, was fined 51i. 

Jno. Severans' license to keep the ordinary for the ensuing year 
was renewed. 

Henry Green, Abraham Green and Isaac Green being bound 
over to this court by Mr. Sam. Dalton, upon suspicion of theft 
made against them by Benjamin Fifeild, were acquitted. 

Will. Osgood, Leift. Challis and Rich. Currier were appointed 
conmiissionerB for Salisbury new town. Wm. Osgood and Richard 
Currier were sworn and Capt. Pike was ordered to administer the 
oath to Leift. Challis. 

Dan. Ela was licensed to keep the ordinary for the town of 
Haverhill imtil the next Hampton court and had liberty granted 
to sell what wine and strong waters he had on hand. Mr. Carle- 
Um was to make return to the clerk of courts within fourteen days 
in regard to what was in the house. 

Mr. Jno. Carleton was licensed to keep the ordinary for the 
town of Haverhill. 

Ordered that the recorder shall deliver the writings brought by 
Nat. Weare to Hampton court, concerning the choice of Sergeants, 
to said Weare, should he require them. 

Ordered that such men of Haverhill as have been dismissed for- 
merly from training without any allowance to the company shall 
from this time allow a bushel of Indian com yearly, unless they 
can give sufficient reason to the contrary. 

Allowed 10s. to the servants, as formerly. 

Whereas two of the commissioners of Salisbury were not will- 
ing to take their oaths, court could proceed no further in the case. 

Court ordered Abraham Drake keeper of the county prison at 
Hampton until next Hampton court. 

John Wheelwright, pastor of the church at Salisbury testified 
"y* when I w*** others first came to sit downe at Exiter wee pur- 
chased of y* Indians; to whom so far as wee could leame y^ right 
did belong a certain Tract of land about thirty mile Square to run 
from Merimack River Eastward & so up into y* contrey of o' 
lands wee had a grant in writing signed by them." 

Mr. Edward Colcord further testified that "one northerly 
bound mentioned in ou' agreem* w*^ Wehehnonowet the cheiif 
Sagamore was y* westerly point of Oyster River called by y* 
Indians Shankhassick which is about foure miles northerly be- 
yonde Lampereele river." 



26 BALISBUBT QUABTBBLT COX7BT [Apr. 

''Wee y^ abousaid wittnesses do further testifie that they of y* 
towne of Exiter did dispose of & possess divers parsels of hmd 
about Lampeele river by y^ virtu of o' Indian ri^t before such 
time as it was actually taken in by the Jurisdiction of y* Masse- 
chusets w*N)ut Interuption of Dover or any other." 

Mr. Samll. Dudley testified ''y* hee did see the Agreement in 
writing between y^ town of Exiter A y^ Sagamores for that land 
which is aboue mentioned & the said Sagamores hands to the 
same." Sworn in court. Copy made by Tho. Bradbiuy,* re- 
corder. 

Writ: Christopher Palmer v. John Casse; for not discharging 
him from a judgment which Philip Lewis recovered against 
Palmer the last Salisbury court, as assignee of said Casse, etc.; 
dated Apr. 8, 1668; signed by Samuell Dalton,* for the court; 
and served by Abraham Drake,* marshal of Hampton, by attach- 
ment of defendant's estate. 

Writ: Henery Fanne v. Isaack Colbey; trespass; for keeping 
his horse in plaintiff's house whereby his fence was plucked down, 
his house broken up and greatly ruinated and siace chopped down, 
his goods stolen and his orchard destroyed; dated 29 : 8 : 1667; 
signed by Richard Currier,* for the court; and served by Nathan 
Gould,* constable of Salsbury new town, by attachment of land 
of defendant. 

Thomas Rowell, aged about twenty-three years, deposed that 
coming from the launching of a vessel where Thomas Sargent was, 
they went into Goodman Hadden's lot. Mr. Tayler went in to 
said Hadden's and deponent went to John Colbey's and stayed 
about an hour. When he went out again, he saw said Sargent 
and asked him where he had been and he replied that he had been 
at Hadden's and that Tayler was there complaining against de- 
ponent and others. Then deponent went along with him to Sar- 
gent's father's. Sworn in court. 

Jerett Hadden, aged about sixty years, deposed that when 
Tayler came to his house he was either drunk or mad, because he 
got hold of the doorpost as he came in, reeled and staggered and 
could not speak plainly. Sworn in court. 

Reply to a plea touching the jurisdiction: '' Notwithstanding 
the law of the Massachucetts doth allow a party concerned to 
make all his pleas in any suit wherein he is interested: yet doubt- 
les the meaning is not to plead against the Jurisdiccon of the 
govemm* of the Massachucetts under which he liveth, or in refer- 
ence to the Title of any lands, goods, or chattells actually pos- 
sessed by, & under the said government here established by char- 
ter. Such pleas belong to the generall Court to take cognizance 
of, & not to be determined by inferior Courts Yet for further sat- 
isffaccon in the psent case, the defendant should have considered 
the Law of Possessions, printed & published, by which a large 

*Antograph. 



1668] RECOBDB AND FILES 27 

COUBT HELD AT SAIiEM, JUNB 30, 1668. 

Judges: The Worshipfull Mr. Simond Bradstreet, Mr. SamU. 
Simonds, Major Darnell Denison and Major Will. Hathome. 

Jury of trials: Mr. Hen. Bartholomew, Capt. Tho. Lothrop, 
Leift. Tho. Putnam, Mr. John Gidney, Nathaniell Felton, Richard 
Hutten, Thomas Biggs, Samll. Morgan, Ens. Jon. Fuller, Will. 
Crofts, James Axey and John Collens. 

Charles Thirstone v. Stephen Dring, Commander of the Ship 
Elias of London. Verdict for plaintiff, his wages due, 51i. 13s. 
6d.9 and his chest and clothes which are detained aboard ship.* 



tyme was given to cleare Titles, if any conceived he had any 
Title to hold forth. Lastly he should have considered the length 
of tyme that the Massachucetts hath had, & exercised, actuall 
A peaceable government over Exiter, & all those parts. There- 
fore it seemes to be high p'smnption for the defendant [torn] to 
make such a plea." 

John Hesleton,t constable of Heaverhill, certified, Apr. 13, 
1668, that William Whitt of Heaverhill had been chosen consta- 
ble and James Davis, sr., Henry Palmer and Roger Lanctton, 
commissioners of Heaverhill for the ensuing year. 

Andrew Wigginn deposed that he saw Edw. Clerk and Jno. 
Young scuffling together and to his best remembrance Young 
struck Clerk. Sworn in court. 

*Mr. Stephen Dringe's debts: To 1-2 paye 25 dayes, lli. 7s.; 
to 2 mounths and three weeks, whole pay at 31i. 7s. 6d. pr. mounth, 
9li. 6e. 7d. ; to a bundell of Marline as cost in London, 3s. ; chest 
A seame cloths & other necessarie; total, lOli. 15s. 7d. Receipt 
signed by Qiarles Thurston.t 

Writ, dated June 25, 1668, signed by Hillyard Veren,t for the 
court, and served by Henery Skerry ,t marshal of Salem. Bond 
of Stephen Dringf and Benjamin Browncf 

Giles Fowler, aged about twenty-five years, deposed that he 
heard Mr. Stephen Dring say to Charles Thurston that if he 
would go to New England, it should be at said Thurston's choice 
whether he would proceed further in the ship or not, and if he so 
desired, he would clear him at Boston. These words were spoken 
aboard a catch called the Blessing belonging to Boston, whereof 
Mr. Stephen Dolby was master, Apr. 16, 1667, in the road of 
Fiall. Sworn, June 26, 1668, before Edward Tyng,t assistant. 

John (his mark) Kenard, John Clarakutf (also Claribuke) and 
Richard Plomer,t all late belonging to the ship Elias, deposed that 

t Autograph. 



28 SALEM QUARTEBLY COURT [June 

John Godfery v. Abraham Whitacker. Review of an action 
tried at the last Salem court. Verdict for defendant. Court 
did not accept the verdict.* 

Mr. Dringe told their mate Thurston that he could take his 
clothes and things he had in the ship and go ashore when he would 
for he looked upon him now as a passenger. Thurston said that 
he would go aboard Mr. Dobbin's ketch and get passage, to which 
Mr. Dringe replied ''Gooe & be Damd; what is due to you I will 
paye you with manie other verrie incomely speaches." Thurston 
told him that one word would suffice and the next morning went 
on aboard the ketch. This was done in the road of Fiall. Sworn, 
June 4, 1668, before Edward lyng^f assistant. 

James Carter, aged about thirty-five years, deposed that he was 
carpenter on the Blessing, etc. Sworn, June 20, 1668, before 
Edward Tyng,t assistant. 

Charles Thurston's bill of costs, lli. 9s. 8d. 

♦Writ, dated Apr. 30, 1668, signed by Hillyard Veren,t for the 
court, and served by Robert Loni,t marshal. Bond of Abraham 
Whiticker.t 

Abraham Whittikert of Haverell acknowledged, Mar. 23, 
1664-5, a debt of 201i. to John Godfrey of Ipswich, to be paid half 
in com and half in neat cattle. Wit: Stephen Kentf and Edward 
(his mark) Yeomans. Sworn by Stephen Kent, 9:2: 1667, be- 
fore Tho. Bradbury,t recorder. 

Acquittance of John (his mark) Godfrey of Ipswich, dated, 
Mar. 24, 1664-5, to Abraham Whitticker of Haverhill, carpenter, 
of all debts, also of half an ox that died that said Whitticker was 
to secure to said Godfrey by bargain; this bond does not acquit 
a bond of 51i. 6s. due in Indian com, also the hire of a pair of oxen 
due Nov. 8 next, and an ox and bull to be paid on the same date, 
said Abraham to stand to half the adventure of said ox and bull 
if they should die. Wit: Steven Kent and Edward (his mark) 
Yemons. Sworn in Salisbury court, 9:2: 1667, by Steven Kent. 
Edward Brumidge made oath, 8:2: 1667, that he heard John 
Godfrey own this acquittance at Whitticker's house, before Simon 
Bradstreet. Copy made by Tho. Bradburyf recorder. 

Copies of the papers in the action of John Godfery against 
Abraham Whittaker, at Salem court, 26 : 9 : 1667, made by Hill- 
yard Veren,t cleric. 

Samuel Bickford, aged about twenty-five years, deposed that 
meeting Abraham Whitaker the last wheat harvest in Haveril, 
he asked deponent when he saw John Godfrey and he answered 
not a great while ago. Whitaker replied, "I would the rogue were 
hanged for I owe him 20" in come." Sworn, Jan. 9, 1667, be- 
fore Daniel Denison.f 

t Autogragh. {Autograph and seal. 



1668] RECORDS AND FILES 29 

John Godfery v. Mathias Button. Debt. For forty bushels 
of wheat and fortynseven bushels of Indian com. Verdict for 
defendant. Court did not accept the verdict.* 

SamU. Younglove v. Elizabeth Fuller, executrix of the estate of 
John FuDer. Review. Withdrawn. 

Josiah Ck)bham, husband of Mary, daughter of Richard 
HaifeUd, and John Ilsly, husband to Sara, second daughter of 
said Haifeild v. Thomas White, administrator of the estate of 
said Haifeild, deceased, or of his wife Martha Haifeild, also 
deceased. Withdrawn. 

Mr. Will. Browne v. Lott Conant. Debt. Withdrawn. 

Edward Cottle, aged about forty years, deposed that he was 
present at the house of Abraham Whitaker when John Godfrey 
desired said Abraham to serve some executions for him which he 
declined to do imtil Godfrey gave him bond to secure him. This 
was about Feb. 19 last, at which time Whitaker said that if he 
served the executions, Godfrey should let him have the 201i. due 
him by bond, Scot free, or without allowance for one year. Sworn 
Jan. 9, 1667, before Daniel Denison.t 

♦Writ, dated May 30, 1668, signed by Anthony Somerby,t 
for the court, and served by Dan. (his mark) Ladd, sr., deputy 
for William White,t constable of Haverhill, by attachment of 
house and land of defendant. 

Bond, dated Jan. 12, 1663, Mathias (his mark) Buttent of 
Haverhill to John Godfry of Ipswich, for wheat and Indian com, 
to be delivered at Mr. John Carlton's landing place in Haverhill. 
For security he gave a bull and three heifers. Wit: Richard 
littlehalef and Edward Clark.f 

Abraham Whiticker's bill of cost, lis. 

Matthias Buten's bill of cost, lli. Is. 

John Huchens and Abraham Whitaker testified that about this 
time foiur years before, John Godfery desired them to go with him 
to Mathias Button's to demand the cattle he had promised to 
pay him and he demanded 121i. worth of cattle. Butten said, 
"I will now Look up my Cattell & pay thee." Godfery told him 
to bring them to town to Goodman Kent's before twelve o'clock 
where they would be appraised, and he would give up the bond. 
Godfery chose Steephen Kent for his appraiser and Butten chose 
Bartholl. Heath. The cattle were brought before the time and 
appraised, but Godfery would not come to receive them, 
although deponents remained till almost night. Taken upon 
oath of John Huchins, 25 : 4 : 1668, before Simon Bradstreete.f 

A copy of same also made by Hillyard Veren,t cleric. 

tAutograpb. }Seal. 



30 SALEM QUABTERLT GOUBT [June 

David Thomas v. Hen. Peass. Debt. Withdrawn.* 

Anthony Carrell v. William Pottesson. Withdrawn. 

Mr. Hezekiah Usher v. Christopher Lattamore, attorney of 
Mr. Jacob Legy. Replevin. Verdict for plaintiflf. The 157 
quintals of fish to be Mr. Usher's.t 

Mr. Jno. Giffard v. Daniell Huchens. Slander. Verdict for 

Bartholemew (his mark) Heath deposed that he and Steaven 
Kent appraised the cattle at 131i., etc. Sworn, 10 : 4 : 16ftB, 
before Simon Bradstreete.]: 

*Writ, dated May 18, 1668, signed by HiUyard Veren,t for 
the court, and served by Rich. Wayte,]: marshal of Suffolk. 
Henery Peaset and Peter Olivers]: boimd. 

Power of attorney, dated Jime 21, 1668, given by Henery 
Pea8e§ of Boston, who had be^i arrested by David Thomas of 
Bass river in June, 1668, for a debt of 91i. concerning a house 
situate in Marvellhead, to his wife Gartrude Pease. Wit: 
Charles Buckner]: and Benjamin Mountfort.^ 

fWrit of replevin, dated June 4, 1668, on 157 quintals of fish 
on board the bark Content, James Mellins, master, which was 
received on account of Mr. Hez. Usher, which fish was under an 
attachment to answer Christopher Latimer, attorney for Mr. 
Jacob Legay, and to deliver said fish to Mr. Usher provided he 
give bond for l,0001i.; signed by Moses Mavericke,t for the 
court; and serv^ by Richard Rowland,]: constable of Marble- 
head. 

Receipt of James Mellin,t dated May 27, 1668, for 157 quintals 
of fish on board the barque Contente at Keap Bonasvoagin of 
Thomas Houred for the use of Mr. Hezakeyah Ushar of Boston, 
to be delivered at Marblehead to Ushar or his order. 

Hezekiah Usher's bill of charge, lli. 7s. 

Moses Mavericke, aged about fifty-«even years, testified that 
about May 10, last, ^ing at Boston, Mr. Hezekiah Usher told 
him that he had sent a vessel to bring in a parcel of fish which he 
was to have of Mr. Thomas Harrod, and asked deponent to 
receive it and lay it up for said Usher's use. Before it was 
delivered, Mr. Christophor Latimore attached the fish, etc. 
Sworn in court. 

Thomas Lake, aged twenty-two years, deposed that he and 
Thomas Harwood hired James Myllen's vessel to bring fish from 
the eastward for Mr. Usher, of which deponent was to load one- 
half part. But said Harwood loaded the whole, as Sillvanis 
Davis wrote him, to whom deponent had written to load his half, 
and that he loaded wholly for Mr. Usher, etc. Sworn, 29 : 4 : 
1668, before Tho. Clarke, t conmiissioner. 

t Autograph. | Autograph and seal. 



1668] RECOBDS AND FILES 31 

plaintiff. Defendant was ordered to make acknowledgment on a 
lecture day at Lin meeting house before the people depart.* 

*Writ: John Giffard v. Danyell Huchins; slander; for calling 
his wife a base, lying woman and that he would prove it by forty 
more; dated Jime 22, 1668; signed by John Fuller,t for the 
court; and served by John Bacheller,t constable of Reddin, by 
attachment of land of defendant. 

Jno. Giffard's bill of charges, 21i. 28. lOd. 

Elizabeth Dudlye, aged about fifteen years, deposed that on 
Jan 15 or 16 last, Daniel Hutchins came to speak with Mrs. 
Giffard, and when she came down, he told her that he had come 
to reckon with her. She replied that she did not reckon for her 
husband. Huchens then gave her abusive speeches, saying that 
he would never believe a word more that ever she t^oidd speak, 
etc. Sworn, Mar. 2, 1667, before Daniel Deni8on.t 

Maigret Giffard deposed concerning Hutchens calling her 
mother a liar and also on the same day being over at the pot 
house, he adced "me why I Calld him Jackanaps. I answered 
him if I did it was for you' abuse of my Mother, Then he askt 
me w^ reason I had to stand for them to take there part for they 
were bad enough. To which I answered if I should not stand for 
my father and mother whose p* should I take to w^ he replyed, 
lett me perswade yo* not to take after father or mother for they 
are acurst of God." Sworn, 27 : 4 : 1668, before Richard Parker,t 
oommissioner. 

Ricd. George, aged about fifty years, deposed that Danyell 
Huchins coming to him when he was at work, ''he askt me if I 
had anything to say against M'" Giffard, he told me he had 
broke the Ice, Broke the Ice Sayd I, what Ice haue yo* broke, 
Says he I haue atackt M' Giffard, I haue layd the way open for 
yo* all if yo" will goe on, Sayd I the Gentleman is not in the way 
for a man to fall upon, sayes he M" Giffard Layd violent hands 
upon me, and was reddy to pluck me by the throat, And I was 
affrayd she would haue don me a great deale of hurt." Sworn 
in court. 

John Purchis, aged about twenty six years, deposed. Sworn, 
Mar. 2, 1667, before Daniel Denison.t 

Elizabeth Dudly,. aged about sixteen years, deposed that she 
heard Huchins say that the Giffards were accursed of God for 
not paying the hirelings their wages. Sworn in court. 

OUver Purchis, aged upwards of fifty years, testified that Mr. 
Jiffard coming to this deponent's dwelling told him of differences 
between himself and Daniell Hutchens for which he intended to 
sue him, for slandering his wife, M'* Jiffard, and also for a horse 
of Jiffard's which Hutchens had caused to be attached. The 

tAutograpb. 



32 SALEM QUARTERLY COURT [June 

Mr. Jno. Giffard v. Daniell Huchen. Verdict for defendant.* 

horse died under attachment and Hutchens had promised to 
deliver him again. Deponent understanding that the horse was 
dead before the promise was made, asked Mr. Jiffard if it were 
true, to which Jiffard answered "yea/' but he was not such a 
fool as to tell him that. Sworn in court. 

*Writ: Mr. John Giffard v. Danyell Huchins; for not de 
livering to said Giffard his goods according to promise which he 
vexatiously caused to be attached by the constable of Line; dated 
June 22, 1668; signed by John Fuller,t for the court; and served 
by John Bacheller,t constable of Reddin, by attachment of house 
of defendant. 

Writ: Danyell Hutchin v. John Giffard; debt; for work done 
for him; dated Mar. 24, 1667-8; signed by John Fuller, for the 
court; and served by John Newhall,t constable of Lyn, by attach- 
ment of three cows and a horse of defendant. Copy made by 
John Newhall,t constable. 

John Purchas deposed that by order of Mr. Giffard he went to 
Danyell Huchins and asked him to come to accoimt and when 
Mr. Giffard asked him for his account, he said it was at home, 
etc. Sworn in court. 

John Newhall, constable of Lyn, deposed that having attached 
the cows and horse, he left the cattle at Mr. Giffords' house, the 
cows in the yard, the horse by the bam door, and left him tied, 
etc. Sworn in court. 

Jno. Purchas, aged about twenty-six years, testified that 
Huchins promised before Mr. Hawks and himself to give up the 
cattle. Elizabeth Dudly testified to the same. Sworn in court. 

Summons, dated Mar. 24, 1667-8, for Mr. John Giffard's appear^ 
ance, signed by Jotm Fuller,t for the court. 

John Floyd, aged about thirty-two years, deposed that John 
Purchis, who Uv^ with Mr. Jiffard told deponent that the horse 
in question was dead before his master made the agreement and 
that they knew it. Sworn in court. 

John Floide, aged about thirty-two years, testified that Jno. 
Purches came into a house in Lin where deponent was and said 
that Huchins had made a great blunder, etc. Sworn in court. 

John Hawckes, aged about thirty-four years, testified that he 
was desired by Dannell Hutchins to put an end to the differences, 
etc. Sworn in court. 

Mary Browne, aged about thirty-one years, deposed that her 
cousin John Hawcks being at her brother John NewhaJ's house, 
the constable, etc. Sworn in court. 

Thomas Browne of Lyn, aged about forty years, deposed that 
his cousin John Hawcks, etc. Also that the constable showed a 
great deal of favor to Mr. Jiffard. Sworn in court. 

t Autograph. 



1668] RECORDS AND FILES 33 

Jno. Kenardy Richard Plowmer A Jno. Claribut v. Stephen 
Drmg, commander of the ship Elias of London. Verdict for 
plaintiffs. Defendant ordered to give bond to answer the plain- 
tiffs' just complaint respecting their imprisonment, loss of time 
and wages that may appear due to them. Court did not accept 
the verdict.* 

Joseph Hutchens, aged about thirty-two years, deposed that 
meeting Mr. Jiffard near deponent's bouse, the latter told him 
bow much he had been beholden to his brotiier Daniell Hutchens 
for helping him in his mowing, etc. 

Daniell Hutchins' bill of cost, 21i. 66. 7d. 

*Writ, dated June 22, 1668, signed by Jonath. Negus,t for the 
court, and served by Henery Skerry,t marshal. Bond of Stephen 
Dring.f 

" Honnered S': wee are come heare According to youre 
Honnors Comand for to Acquant you of hoe y* wee haue been 
abused, both by words & also in danger of our lines, for of that 
wee doe speake, but for such things as is ourp roper due w^ is 
victualls hee tells us that it is soe much saued in his pocket 
for wee haue had noe prayer this voyage, but only cursing &, 
swearing, in w^ it hath been more Gods mercy towards us, that 
wee had not been destroyed, by theire prophanes of swearing, &, 
more hee hath sayd that as long as hee hath a sword A Pistoll,. 
that hee will," etc., ''for speaking for victualls A what wee found 
om* selues greiued about, for if wee did but speake to his mates, 
concerning about the goods, that it would bee danmified, then 
wee were thretned to haue our sides drubbed, A to bee knocked 
downe, w^ hand spikes, And more the master when hee shipped 
us to goe w^ him, hee shipped us cleere of damage, but now he- 
goes from his word for wee haue damage in the ship, but how 
much wee doe not know, nether will he satisfie us what damage 
there is, for to proceed in the voyage wee are not willing to [do]] 
it for the ship is not fitt for to Carry dry goods, by Reason of her 
being a bancker, which hath used noe ot^er Trade but to carry 
wett fish, soe youre Honnor wee hope will Consider our Condition 
youre seruants to Conunand, John Hoskins, John Clarahbut, 
Kich. Plomer, William Jones, Abraham Basset." Copy made by 
Edw. Rawson,t recorder. 

Letter of attorney, dated June 26, 1668, from John (his mark) 
Eenard,t Richard Plomer§ and John Clarabut,§ seamen, to 
Humphry Hodges and WUliam Bartholmew, both of Boston. 
Wit: William Salterf and Charles Thurston. t 

William Salterf testified, June 29, 1668, that the last day of 
the week past near sunset ''Cam m' elias grundee as they Call 

t Autograph. {Seal. §Antograph and seal. 



34 SALEM QUABTEBLT COUBT [June 

Jno. Procter v. Robert Punell. Debt. Withdrawn. 

Jno. Procter v. Robert Punell. Withdrawn. 

Robert Punell v. Capt. James Smith. Debt. Verdict for 
plaintiff. For a ditch he made.* 

Jno. West V. Will. Smith. Debt. Withdrawn. 

Robert Potter and Robt. Rand were chosen and sworn con- 
stables of Lyn, and Tho. Searle for Wenham. 

Susana, widow of George Wheeler, late deceased, brought in 
an inventoryf of her husband's estate, amounting to about 2911., 
which was allowed. Said George dying intestate, she was ap- 
pointed administratrix, the estate to be in her hands until the 
oourt take further order. 



him I do not know him my self e by name, to three seamen who 
were prisoners upon an atachment and the 3 seamen wer set 
downe to super and m' grundee Cam in to them and told them 
^e master was Com up to them and befor they had time to eat 
half e a super they did rise up to go out to ther master but he 
was gon I did marvell in my mind he was gem so sone it was a 
very short time." Said Salter's wife deposed the same. 

*Writ, dated 22 : 4 : 1668, signed by Hillyaid Veren,| fot the 
court, and served by Richard Rouland,f constable of Marblehead. 

Capt. Smith's bill of cost, 15s. 6d. 

Robert Knight, aged about fifty-four years, and Roger Rise, 
aged thirty-four years, deposed that being desired by James 
Smith to look at some shingles laid upon the house of said Smith 
and some unlaid, they found that they were not serviceable, etc. 
Sworn in court. 

flnventory of the estate of George Wheeler, taken May 28, 
1668, by Anthony Somerbyt and William Titcome:^ House & 
about half an acre of land, 151i.; one cow & ayerling heifer & 
calfe, 51i.; two small swyne, 16e.; in the chamber, a bedsted with 
a bed & 2 old blankets & coverlet & cradle & a chest, broken box 
with about 3 bushels of Indian come & lumber, lli. 12s.; in the 
house, a bedsted & bed and one blancket & a Rug and bolster 
with curtaines, 21i.; one paire of And Irons & tongs & fire shouell 
& cottreU A spit, 7s. 6d. ; an Iron pot, a frying pan, brass skillet, 
old chayer, 128. 6d.; foure pewter (Ushes, 3 small saucers & a 
pewter cup & smoothing Iron, lis.; 2 old chests & an old box, 
one small tablecloth, ei^t napkins, thrjs pillowbears & five old 
sheets, 21i, 2s.; a warming pan, an old chamber pot, tining tun- 
nell, water bucket, 2 Wooden trayes, a rodden badcet & 3 old 
chayres, salt box, looking glasse A other lumber & In cellar 3 
small vessels & 2 keelers, lU. ; total, 291i. is. 

t Autograph. 



1068] RECORDS AND FILES 35 

John Mansfeild was released from paying his yearly payment 
to the use of the foot company at Lyn, for not training, until the 
court take further order. 

Joseph Brabrook, Sara Brabrook and Rachell Brabrook, peti- 
tioned to the court that Hen. Short of Newbery and Simond 
Tompson of Ipswich be appointed their guardians. Court ap- 
pointed them and they were bound. 

Allen Pearly was appointed administrator of the estate of 
Nathaniell Pearly and ordered to bring in an inventory. 

John Perkins dying intestate, administration upon his estate 
was granted to his wife Deborah, who brought in an iareDtory* 
amounting to 48li. 16s., which was ordered to be for the use of 
the widow. She was to pay to her ohfld TlumiaSi son of said 
Pierkins, lOli. lit the age of twenty-one ysars, and if Deborah 
manied again ishe was to give bond for the payment thereof. 

Ordered that the county treasurer issue warrants to the several 
towns of the county for raising a county rat^ of one quarter part 
of a single country rate to pay the debts, out of which lOli. be 
paid toward the building of the prison at Salem. 

The will and inventor]rt of Robert Andrews were proved and 
allowed. 



^■*«AitaHMMi**KBM*MkakteM*MAi«BMiM^Mri^M^^BM*M.i^lrik«MM^ 



^Inventory of the estate of John Pearkenes, taken June 12, 
1668, by Frances Pabodyl and Edman (his mark) Town: Three 
Cowes and one year old beast, ISU. lOs.; one horse, 81L; three 
Ewes and fore lames and one Calfe, 31i.; five swine, 41i.; ware- 
ing paril, 81i. 10b. ; fore sheetes, piloberes and napkbes, 31i. 16e. ; 
t»bd, 5s.; sadel, lli. 5s.; one sheet and a bridel, 10s.; Come, 
31i.; Cuper ware and other lumber, 10s.; hoe, 4b.; one axe, 5s.; 
pare of fetters, 4s.; tabel and a box, 10s.; musket, 25s.; total, 
4«i. 15s. 

tinventory of the estate of Robart Andrews, sr., of Rowley, 
taken by Frances Pabody,t Isack Comings and Edman (his mark) 
Towns: Three beds & beding, ITli.; two dusen & three napkins, 
21i.; sheets, table Cloaths & pillow beres, SU.; mares and colts, 
161i. ; f ouer CJowes, 161i. ; fouer young CatteU, 71i. ; f ouer steares, 
181i.; Cart and wheeles, 21i.; Grinding stone, 6e.; yoacks, 
Chaines & plows, 31i. 15s.; Harrow, beeteU, wedges, sives & 
siekells, 21i.; sheepe. Lambs A one Caulfe, 21i. 10b.; twenti 
ackers of Come upon the ground, 251i.; bis wearing Cloaths, 
Si.; worcking tooles, 31i. 5s.; Chests, boxes & one trunck, IIL 
10b.; two musckets, ft rest, 21i. 10s.; Chairs, tubs & trays, 21i. 



tA.iitognpb. 



36 SALEM QUARTERLY COURT [June 

Thomas Broket, jr., deceased, d3ring intestate, his father Tho. 
Bracket presented an inventory* amounting to 301i., to whom 
administration was granted. The estate was ordered to the use 
of said Thomas Bracket and Alee, his now wife. 

There being goods taken up at Cape Cod by one William Jewell 
of Marblehead and Jeremiah Booteman and Gilbert Taply of 
Salem, said Jewell was ordered to deliver the cloth in his hands 
to the constable of Marblehead. The above-named persons 
appeared in court and no claim being made of said goods, it was 
ordered that they remain in their custody imtil the court take 
further order. 

Susana Archard and Samuell Archard, administrators of the 
estate of Samuell Archard, deceased, brought in an inventory 
amoimting to 17611. 3s. 6d., the estate being debtor 19511. 14s. 
Id., and the widow's thirds of the housing and land being 391i. 
Remainder of the estate is 13711. 3s. 6d. which will hold out to pay 
the debts but at the rate of 14s. per pound. There being an or- 
der of last Ipswich court that all creditors should present their 
claims at this court, all who make demands after this court can- 
not expect satisfaction. It is to be understood that at the widow's 
decease, her thirds are to be used to pay the creditors. 

Mr. Gidney, sr., Mr. Browne, jr., Mr. Ruck and Mr. Tho. 
Gardner had their former licenses renewed. 

Danyell Huchens was ordered, according to the jury's verdict 
in the action of slander depending between Mr. John Giffard 
and said Huchens, to make acknowledgment as follows: ''I 
Daniell Huchens doe heare acknowledg, I did sinfully in slander- 
ously A falcly saying to M'" GifiFards that shee was abase lying 

10b. ; one peice of new Cloath, lli. 4s. ; one parsell of Land bought 
of John Wilds, 4511.; house & 200 ackers of Land, 35011.; 
Eightene ackers of upland & medow, lOOli.; land in Topsfeeld, 
601i.; eighteene bushells of wheat, seaven bushells of rye, 51i. 
IBs.; twelve bushells of malt, lli. 16s.; thirty bushells of Indian 
Come 411.; pewter, bras & Iron pots, 511.; two tables, 311. Is.; 
debts, due to the Estate, 511. Estate debtor to the Doctor, etc., 
2311. Sworn in court by Grace Andrewes, wife of deceased. 

^Inventory of the estate of Thomas Bracket, taken 1:5: 1668, 
by Edmond Batterf and Jno. (his mark) Pease: A small parcel 
of land and timber, 1311.; aparrell, 40s.; tooles, 20s.; debts due 
161i. 6d.; total, 3211. 6d.; estate is debtor, 311. 128. 

tAntograph. 



1668] RECORDS AND FILES 37 

woeman & that I would not beleeue a word shee said & that I 
would bring forty witnesses more to Justifie what I had said & 
for which saying I am Hartily sory & doe desire M'" Giffard to 
forgiue me. '^ The constable of Lyn. was to see it done. 

John Porter, being complained of by a servant of his father's 
as also by his father, for abusive carriages committed lately in 
the family and the court imderstanding that he was a prisoner by 
order of the Court of Assistants and made an escape, was ordered 
sent to the prison at Boston, to remain until he be delivered by 
order of law. The clerk was ordered to issue warrants for the 
execution of the order.* 

William Edmonds, Mr. Tho. Gardner, Benjamin Parmiter, 
Samuell Ward, Joseph Bownd and Cristopher Lattamore had 
their former licenses renewed. 

Capt. Paul White had license granted to draw wine and sell at 
retail out of doors for the ensuing year.f 

*John Bames't complaint: "I being a servant to Serg* John 
Porter & dwelling in his famuly: John Porter my masters son, 
being come home to his father & dwelling in the house is very 
often greatly disturbing the famuly & dus frequently abuse me 
(in pticular) that I can haue little rest or quiett for him almost 
dayly abuseing of me by rayling, slanderous reproachfuU words, 
miscalling of me, in a very reproachfull manner, & threatening of 
me that I goe in f eare of my life of him, I doe not question but 
my master would releiue me yf he knew how, but in as much I 
see little hopes of continueing in the famuly with comfort or safe- 
ty whilest y* said John Porter doe continue in the famuly, but doe 
f eare yf there be not some course taken by some means or other 
some sad inconvenyence may follow, there for doe humbly desire 
yo' worships to take the case in to yo' wiss considerations, y* yo' 
poore complainant may haue releefe & further inconvenyence 
may be timely prevented." 

tPetition of selectmen and others of Nubiuy to the court that 
the license might be granted, "for the necessary releif of Some 
Sick & other indigent psons by whom the Churches Ebdgencies 
haue Sundry times been Supplied, who Allso may the more Con- 
veniently Accomodate the Chiurches occasions for time to Come 
through your Worships fauour herein, until some man be licenced 
to keep Ordinary here," signed by Wm. Gerrish,| Joseph Etills,t 
Nicolas Noyes,t Henry Short,J Will. Moodey,t Richard Knight,^ 
Richard Kent,t Richard Dole,} John Knight,} Tristram Coffin} 
and Daniel Peirce,} the last five being selectmen. 

tAntogimph. 



38 fiAioBM QUABTiBiiT cotTRT [June 

Mr. John Corwin bad lioenae granted to retail strong waten 
out of doors for the ensuing year. 

Henry Leonard,* Hen. West^t Tbo. West,t Mr. Jeremiah 
Jewet,* John Massey,t Lott Conant, John Dodg, Nathani^ 
Stone, Ephraim Herrick, Peeter Woodbery, Samuell Archard^t 
John Peaset and William Downtont took the oath of freemen. 

Richard Stackhouse was allowed 10s. to be paid by the county 
treasurer. 

William Vinson was dismissed from common training, paying 
3s. per annum to the use of the foot company of Gloster. 

Hana, alias Ann More, widow, having sold a house, land and 
orchard adjoining, containing about an acre and a quarter, lying 
in Salem between the land of Mr. Joseph Grafton, sr. and 
Nathaniell Grafton, came into court and declared that she sold 
the premises for her necessary use, and the court allowed it. 

William Reeves and Susana Diuin, appearing to answer for 
committing fornication, which they confessed, said Reeves, hav- 
ing some other misdemeanors charged against him, was sentenced 
to be severely whipped and to pay 50s. fine and 60s. to Mr. Crom- 
well for abusing his maid. Susana was sentenced to be severely 
whipped or pay a fine of 41i. Reeves was bound in 201i. to free 
the town from the support of the child and in lOli. for good be- 
havior. John Reeves, surety.^ 

*0f Lyim. Certificate signed by Edw. Rawson,i secretary. 

tOf Salem. Also Jno. IngersoU. Certificate signed by Edw. 
Raw8on,§ secretary. 

tPetition of Willm. Reeves: ''With all submissiue respect 
prostrating himself at y* feete of yo' clemency, Sheweth that 
whereas he is a prisoner now before you, deseruedly detected with 
an arrest for a crime repugnant to y^ law of god & man; wherein 
he hiunbly desires to acknowledge y^ Justice of god who is y* 
revealer of secrets & hath made his sin obvious to his shame, wch 
he humbly beggs of god may so ashame him as to make him haue 
a detestation ag* such & eil other sins: whereby gods name is 
dishonord — now I am before you as a poore offend' to be tried 
according to ye desert of my act, & err long must appeare before 
him who is y* Judge both of quicke & dead; then woe for me 
were there not pardon in ye Blood of Jesus; for as to ye law I 
must owne my self to be inexcusable; ye equity whereof con- 
straining me to silence; onely this yo* poore petitioner craues ye 
fauor of liberty to plead for as being left fatherless in this resp^ 

§Antograph. 



1668] BECOBD8 AND FILB8 30 

to haue 3^ benefitt of him or any such patemall friend to Intercede 
for ye mittigation of his dreaded sentence; oh that this my fall 
might tume many from sin; now what yo' poore petitioner in 
his owne behalf hath to say w^ he hmnbly oegg^ you to take 
into yo' gentle consideration & in charity to beleiue as Imowe- 
ing Between God & his owne conscience to be true; Its not 
unknowne that I & y* young woman lived servants in a house 
together vnto whom my affections were & still are so deare as to 
make her my wife & would haue Asked for her. . .but being in 
ye condition that we were both durst not attempt it thou^ I 
well could perceiue my mistress' apprehension concerning such k 
Thing. . .but my hope is in god who can restrain y* wrath of 
man; & Blessed be god that yo° o' rulers are not children but 
men of piety & growth in Christ who is y* president of mercy. . . 
yo' poore petitioner then humbly beseeches yo* Duely to weigh 
his case; in that y^ young woman now suffering with him may 
not be with held from him in ye way of marriage & debarrd as 
she is from so much as comeing to see her poore babe, euer since 
it was strip* & Tume^ naked away from her, w^ according to y* 
bond of meere hmnanity & nature would be thou^t Impossible, 
were there not extraordmary restraint & feare; once more I 
beseech you w^ what Tendemes possible to consider vs both & 
rather to take ye Fine of me, according to law, for this o' offence, 
as being in yo' brest, then to haue ye Infliction of corporall 
punishm*" 

Thomas Ives, aged about twenty years, deposed that William 
Reeves said he wondered what "aileUi our maide, for as soone as 
I come in at the dore she either runeth into y* other roome or up 
into y* Chamber." Reeves also told him that he had a ''Cer- 
taine pouder called Love powder a portion wherof he would give 
to Susanna Durell in some maner of drinke, to cause her to foUow 
him." Deponent had heard Susanna say that £^e wished her 
mistress would send her out of the house to some other place 
until Reeves had gone from his master's house. Sworn in 
court. 

Letter, dated July 1, 1668, Martha Slater* to Goody Gatchell: 
''I would Intreate you to speake In my boyes behalfe and to 
Doe for him as much as if I ware theare present for as much as I 
am Anciant and not well able to goe my self e and you knowe that 
hee is friendlesse you will very much obliege your Friend." 

John Rowdin, aged about fifty years, deposed that Will. 
Reeves told him some scandal concerning the wife of Walter 
Skiner. Also that Reeves being sent for cattle, came into the 
house of Robert Cobume with the daughter of Thomas Whiter- 
edge and went out again with her, he being in drink. Sworn, 
22 : 4 : 1668, before Wm. Hathome,* assistant. 

Mary Rowden, aged about forty-eight years, deposed that the 

* Autograph. 



40 SALEM QUABTERLY COUBT [June 

Richard Waters had his former license renewed for the year 
ensuing. 

John Woolcot and Henry Codner, being bound over to this 
court by the Worshipful Major William Hathome, upon sus- 
picion of burglary, said Woolcot confessed that he broke into the 
house at the window and took out of a chest 22s. in money. He 
was sentenced to be branded in the forehead according to law 
and to pay treble damages, also to pay Richard Rowland, consta- 
ble, 4s. 

Walter Boaston and his wife, for committing fornication be- 
fore marriage, were sentenced, he to be severely whipped or pay 
a fine of 41i. and she to appear at the next Salem court. 

Samuel Hutson being bound for Hen. Codner's appearance and 
to abide the order of court, and said Codner absenting himself 
when called, Hutson was fined 10s. Said Codner was ordered 
to appear at the next county court at Salem. 

Administration upon the estate of Samuell Moulton, deceased, 
that was left him by will of his father, Robt. Moulton, was grant- 
ed to Mr. Hen. Bartholmew, Joseph Grafton, George Gardner 
and Samuell Gardner, who were ordered to bring in an inventory 
to the next Salem court. 

There being an inventory* of the estate of Thomas Dill, late 

wife of Walter Skiner Jcept bad company at Marblehead, etc. 
Sworn, 22 : 4 : 1668, before Wm. Hathome,t assistant. 

Margery and Sarah Williams deposed that Susana Durin, Mrs. 
Cromwell's servant, often came to their house and asked Sarah to 
go over to sit with her when there was nobody at home but Will. 
Reeves, saying that she could not abide to be with him alone. 
Sarah Williams had laid with her for more than a year, etc. 
Sworn, 19 : 4 : 1668, before Wm. Hathome^f assistant. 

EUzabeth Price, aged about fifty-two years, deposed concerning 
reprimanding Reeves for his conduct. 

Robert Colbume, aged about sixty years, and Alice Colbume, 
aged about sixty years, deposed that Wm. Reeves came to their 
house about ten o'clock one night with Florence Hart, jr. They 
desired Reeves to stay and go to bed, but he would not. After- 
ward he abused strangers upon the road and then they brought 
him to Colbume's house to bed. Sworn, June 25, 1668, before 
Daniel Denison.t 

^Inventory of the estate of Thomas Dill, late of Marblehead, 
taken July 2, 1668, by Christopher Lattemer : One quarter part of 

tAatograph. 



1668] RECORDS AND FILES 41 

deceased, brought into court, amounting to 7411. 6s.; and said Dill 
dying intestate, and coiurt being informed that he had a wife and 
child living in England, administration was granted to Richard 
Dill and Mr. Bartholmew Gedney, who gave bond. The estate 
was ordered to be equally divided between the wife and the child 
of deceased. 

Edward Wharton, coming into coiurt in an irreverent manner 
and contempt of authority with his hat on, and refusing to take 
if off, he having no business with the coiurt, boldly charged the 
government in open court with unrighteousness. Afterwards 
coming into open court again, he charged the government with 
cruelty and shedding of innocent blood, which upon his trial he 
owned, and it being demanded whether he did not wickedly in so 
speaking, he replied, ''God forbid I should owne that to be wicked 
which God requires of me." He was sentenced for his high 
offence to pay a fine of 501i. and to lie in prison until the fine be 
paid. 

Elisabeth Fryer, presented for frequent absenting herself from 
the public ordinances, was dismissed, it appearing that she is 
disabled in body and not through obstinacy.* 

Clement Coldum, presented for speaking a pemiscious lie, was 
admoni8hed.t 

the catch Prosperous of Marblehead, 571i.; wearing apparrell as 
th^ were sold by the master at the mast, per custom of the sea, 
lli. 16s.; 24hhds. of salt, 13s. p hhd., 151i. 12s.; his pt. of a pcell 
of refuse fish, lli. 7s.; by a debt owing to ye estate from Mr. 
Peeter Oliver, 81i. 10s.; debts owing to the estate at Nevis, 17071i. 
of suger at 10s., 81i. 10s.; ye estate is Credt. by severall men, 
201i. 5&.; total, llSli. 10s. Estate debtor: To men for wages due, 
lOli. lOs. ; Mr. Moses Maverick, 21i. ; William Nick, 21i. %. ; Mr. 
Ward, 4s. ; the catch, 131i. 4s. ; ferry man, 81i. 8s. ; Mr. Babbadg, 
16e.; Jon. Fabins, 3Ii.; Capt. Corwin, 71i.; total, 391i. 4s. 

*Robbert Elwell, Henry Walker, Samuel Dalliber, Thomas 
Millet, sr., Stephen Glover testified that Elisabeth Fryars was 
deaf and many times unable to go to the meeting house. 

Gloucester presentment. Wit : Robert Scampe and John CoUens. 

tGloucester presentment. He was summoned for saying that 
Mr. Duncan had made over his horse to Mr. Norcross of Water- 
town and had now sold him to Mr. Fote of Bostone for 10 or 121i., 
which was proved to be untrue. Wit: Mr. Emerson, Thomas 
Judkin, John Davis and William Vinson. 



42 fiAUBU QUABTEBLT OOUBT [June 

Erasmus James, presented for breach of the peace some years 
since, was acquitted. 

E^rasmus James, presented for giving his mother abusive 
language and carriage, was fined.* 

These several persons being presented, who on common fame 
and best observation did not frequent the public worship of God 
on the Lord's days, were sentenced as follows: 

Samuell Shattock and his wife, Goodwife BufFum, Joshua 
Buffum and his wife, Josiah Sothwick, Danyell Sothwick, John 
Burton, sr., John Small, Samuell Gaskin, widow Pope, the men 
to pay 20s. each and the women 10s. and old Mrs. Gardner, 5s., 
the latter to have Ss. remitted of her last year's fine. The re- 
mainder of their fines were respitted. 

Court referred all the presentments brought in to the last court 
and not heard at this court to the Worshipful Major William 
Hathome to end. 

The servants of the house were allowed 7s. 

To Mr. Browne's maid, 18d. 

30 : 7 : 1668. Daniell Sahnon testified that Capt. Robert 
Bridges possessed the land that Mr. Henry Roads bought of 

John Emerson, pastor of the church of Gloucester, deposed that 
Clemment Colddum denied that he made the statements. Mr. 
Foot was servant to Mr. Davie of Boston. Sworn, June 16, 
1668, before Samuel Symonds.f 

Thomas Judken of Glocester deposed that Mr. Davie was 
occasionally in Glocester. Sworn, June 20, 1668, before Samuel 

Symonds.t 

John Davis, aged about sixty years, deposed. Sworn, June 26, 
1668, before Samuel Symonds.t 

*James Edwards, aged about thirty-one years, and Elizabeth 
Legg, aged about fifty-ei^t years, deposed that they being in 
Erasmus James' house and words having passed between his 
mother and himself, said James stripped off his coat and ran out 
toward Richard Read's house. They followed him and saw him 
knock Read down and brought blood and by main strength kept 
them apart. Sworn in court. 

Henery Colens, sr., one of the grand jury of Salem court last 
November, testified that "beinge in y« Courtt Chamber in y* 
houss of M' Gedny that Rossamus Jams did Atempt with violence 
to put his mother out of y* Chamber." Sworn in court. 

Mark Bacheler, also of the grand jury, deposed the same. 
Sworn in court. 

t Autograph. 



1868] RECOBDS AND FILES 43 

Capt. Thomas Marshall and now possesses, lying beyond the 
farm of Thomas Wheeler from a rock which lay a little on the 
hither side of his marsh at the upper end and at the end toward 
the Iron works field to a great tree now lying down with one cut 
sawed ofF which was felled by some of his servants, which tree 
lay by a swamp side, and runs to a great tree standing by the 
bridge of the Iron works field gate on a little hillside. Sworn, 
1:6: 1665, before Samuell Symonds. He further deposed that 
the land was bought of Capt. Marshall and John Andrewes. 

Monemah Andrewes deposed that be asked his master Cs^t. 
Bridges how far his bounds went, and he showed him a great tree 
by the Iron works' bridge and so to another by the swamp near 
the pathway that goes to Mr. Bennetts' farm, and he felled the 
tree, etc. Sworn, July 7, 1665, before Daniell Gookin. 

Fines, 15 : 7 : 1668: Ruben Guppy, 10s., for not obe3ang con* 
stable Renolds; the wife of Leift. George Gardner, 10s.; John 
Kitchin, 20s. ; John Mastone, sr., 20s. ; wife of Robert Stone, 10s. ; 
wife of Samuell Gaskin, 10s.; wife of John Smith, lOs. 

Fined by Majr. William Hathome, 6:9: 1668, Peeter Joy for 
swearing, lOs., and for drunkenness, 20s. 

Writ: Mr. Phillip Cromwell y. John Leach, sr.; debt; dated 
18 : 4 : 1668; signed by Hillyard Veren,* for the court; and 
served by Henery Skerry,* marshal of Salem, by attachment of 
land by the mill of defendant. 

Writ: Robert Spurrell v. Richard Rayment; for withholding 
his share of fish and wages due him upon a fall voyage about 
eighteoi years since; dated 24 : 4 : 1668; signed by Hillyard 
Veren,* for the court; and served by Henery Skerry,* marshal of 
Salem. Bond of Richard Ra3miond.* 

Writ: Samuell S3mionds v. Anthony Ashby; for withholding 
about 201i. due for about four years' rent for a dwelling house: 
dated 24 : 4 : 1668; signed by Hillyard Veren,* for the coiurt; and 
served by Henery Skerry,* marshal of Salem, by attachment of 
house and land of defendant. 

Writ: Mr. William Browne, sr. v. Lott Connant; debt; dated 
June 24, 1668; signed by Hillyard Veren,* for the court; and 
served by Henry Skerry,* marshal of Salem. Bond of Lot 
Conant.* • 

Writ: Capt. George Corwin v. Adam Westgate; debt; dated 
1:2: 1668; signed by Hillyard Veren,* for the court; and served 
by Henery Skerry,* marshal of Salem, by attachment of the house, 
ground and household stuff of defendant. 

^Autograph. 



44 SALEM QUABTERLT COUBT [June 

Writ: Andrew Tucker v. John Pedericke; for refusing to give 
said Tucker an account of the estate of his brother Nicholas 
Tucker, deceased, he being administrator; dated 15 : 4 : 1668; 
signed by Moses Mavericke,* for the court; and served by Rich. 
Rowland,* constable of Marblehead. 

Writ: John West v. William Smith; debt; dated June 9, 1668; 
signed by Hillyard Veren,* for the court; and served by Henery 
Skerry,* marshal of Salem. Bond of John Beckett.* 

Writ: Moses Mavericke v. Henry Coombs; debt; for land of 
said Coombs which was made over to Moses Mavericke; dated 
June 22, 1668; signed by Moses Mavericke,* for the court; and 
served by Richard Roulajid,* constable of Marblehead, by attach- 
ment of house and land of defendant. 

Writ: Moses Mavericke v. Capt. James Smith; debt; dated 
June 23, 1668; signed by Moses Mavericke,* for the court; and 
served by Richard RouUmd,* constable of Marblehead. 

Writ: Christopher Lattamore, attorney of Mr. Jacob Legay v. 
Mr. Thomas Harwoods; debt; to be paid in dry cod fish; dated 
May 16, 1668; signed by HUlyard Veren,* for the court; and 
served by Richard Rowland,* constable of Marblehead, by attach- 
ment of 160 quintals of fish aboard a bark of James Millens, 
master, which fish belonged to Mr. Thomas Harwood, also a par- 
cel of moose skins aboard the said bark. 

Writ: Mr. John GifFard v. Daniell Eaton; for not returning his 
horse and halter which he borrowed a year and a half ago; dated 
Jan. 22, 1668; signed by John Fuller,* for the court, and served 
by John Newhall,* constable of Lyn, by attachment of the dwell- 
ing house and land of defendant. 

Writ: Mr. Oliver Purchase, agent of the Iron works of Linn 
V. Joseph Jinks, jr.; debt; dated June 5, 1668; signed by John 
Fuller,* for the court; and served by John Newall,* constable of 
Lyn, by attachment of a parcel of land and frame of a house. 

Writ: John West v. Thomas White; debt, for a horse, swine 
and com; dated June 4, 1668; signed by Robert Lord,* for the 
court; and served by Robert Lord,* marshal of Ipswich. 

Writ: Anthony Carroll v. Mr. William Patteson; for attach- 
ing his estate and imprisoning him; dated Apr. 25, 1668; signed 
by Robert Lord,* for the court; and served by Robert Lord,* 
marshal of Ipswich. 

Petition, dated Salem, June 30, 1668, signed by William 
Lord, sr.,* Hillyard Veren,* Benjamin Felton,* Thomas (his 
mark) West, Henry West,* John Rucke,* Henery Skerry, sr.,* 
John Massey,* Samuell Williams,* John Williames,* John (his 
mark) Neal and Francis Skeny*: "It is Generaly knowne y* m' 
Higgeson y* p'sent minister here was invited hither by a con- 
currence of all y« people heare, in the yeare 1659: & by importim- 
ity was p'Vail^ with to come amongst vs & being heare (in the 

^Autograph. 



1668] BECORDS AND FILES 45 

Fined by Richard Rowland, constable of Marblehead: John 

same yeare) there waa a writing p'sented to him, contayning a 
voUuntary contribution of the inhabitants here, whose names were 
subscribed giueing a certaine sum towards the building & finish- 
ing of a dwelling house, & ground to sett it on; & other nesses- 
saryes for his comfortable subsistence & this as an Incourage- 
ment for his continuance with us in the work of the ministry^ 
which was then desired by all which busines was undertaken by 
m' William Browne & Cap* George Corwin yet now after soe 
many yeares of his continuance with us he hath scene cause this 
last winter (after more private meanes used) to acquaint first the 
selectmen & afterward all the people in a Towne meeting y* the 
busines contained in the writing hath not beene pformed accord- 
ing to his exspectation & there fore desired y* some speedy course 
m^t be taken for the cleering & Issueing the matter & pfessing 
him selfe willing, out of respect unto m' Browne & Cap* Corwin 
to Submit to an Arbitration, yf they would doe y* like. This 
motion of his hath beene considered in a first Towne meeting 
whereat they were p'sent & then put of to a second meeting when 
they were absent, only some were desired to speake with them, 
but the thing seemeth to be noe neerer to an Issue then at the 
first. It is therefore humbly desired by diuers heare that this 
hon*^ Court would be pleased to take Cognizance of this case & 
to interpose theire wisdome care & Authoritie for the speedy & 
comfortable clearing & Issuing this matter, least through long 
delayes in such a case; such a place as this, any sad in conven- 
yencies may follow to the dishonor of God, the discouragement 
of the ministry & the dishon' of y^ people heare; all w^^ may be 
p'vented by some efectuall cource taken by yo' worships, which 
we doubt not but it wilbe an acceptable service to God & com* 
fortable to yo' selues & all that are concerned in it." 

Venire, to the constable of Gloster for a man to serve on the 
jury of trials, also to summon the grand jury man chosen by the 
town; dated May 25, 1668; sign^ by Hillyard Veren,* cleric; 
and served by John Collins, sr.,* deputy constable of Glocester^ 
who returned the name of Thomas Riggs, for the jury of trials. 

Summons, dated May 25, 1668, to Thomas Kent, for absenting 
himself from the public ordinances on the Lord's dayB, also for 
much idleness in his calling, thereby much impoverishing his 
family; signed by Hillyard Veren,* clericus; and served by John 
Collins,* constable of Glocester. 

Summons, dated May 25, 1668, to Nicholas Lash, for setting 
sail from Cape Ann harbor on the Lord's day; signed by Hillyard 
Veren,* clericus; and served by John Collins,* constable of 
Glocester^ who returned that said Lash lived in Boston. 

* Autograph. 



46 IP8WI0H QUABTBBLT COUBT [Sept. 

HarriB, Owing Hendy, Vinson Stilson, Edward Homan and 
Edward Forster, for swearing, lOs. each. 

Jno. Davis, aged about thirty years, deposed that whereas there 
was by agreement of the executors of the estate of John Hum- 
phryes, Esq., ''that my mother the relict of Jenckin Davis, that 
as the full of what he was to pay to m' Humphryes, which was 
twenty pounds, eighteen pounds of it was paid to m' Edmond 
Batter & noe more, & the other forty shillings M' Joseph Hum- 
fryes did dispose thirty shillings to m' Samuell Whiting seny' of 
Lynn & ten shillings to my selfe." Sworn, 25 : 9 : 1668, before 
William Hathome,t assistant. 

CoUBT HKLD AT IP8WICH| SUT. 29, 1668. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Maj<Mr 
Genrll. Denison and Major Wm. Hathome. 

Grand jury: Mr. DanieU &pp6, Rich. Eemball, Renold Fodter, 
Sam. Hunt, Thos. Clarke, Wm. Moodye, Sam. Plumer, Wm. Titt- 
combe, James Barker, Wm. Acie, John Gage, Isaaok Comin^B and 
Henry Ingalls. 

Jury of trials: Mr. John Paine, Mr. Nath. Rogers, Fra. Wain- 
Wright, John Brewer, John Denison, Wm. Sawyer, Wm. Morse, 
Abyell Somerbye, John Pahner, Jer. Elsworth, John Dressor, jr., 
and Jo. Redington. 

Robert Ellwell v. Robert Dutch. Debt. Withdrawn. 

John Leach and Tho. Flint, executors of the estate of Ann 
Sutherik v. John Sutherick. Withdrawn. 

Wm. Cogswell v. Wm. Story, Seth Story and Wm. Story, jr. 
Trespass. Verdict for defendant. Appealed to the next Court 
of Assistants. William Cogswell and Richard Brabrooke bound.* 

♦Writ: Mr. William Cogswell v. William Storie, sr,, Seth Story 
and William Storie, jr. Trespass. For mowing and carrying 
away his grass or thatch that grew upon his farm at Chebacko in 
1667 and 1668, claiming that the land belonged to Ipswich in 
common; dated 22 : 7 : 1668; signed by Tho. Bradbury, t for the 
court; and served by Robert Lord,t marshal of Ipswich. 

Summons, dated Sept. 19, 1667, to Wm. Coggswell, signed by 
Robert Lord,t for the court. 

William CogsweU's biU of cost, 21i. 128. 8d. 

t Autograph. 



1668] RECORDS AND FILES 47 

Ipswich grant to Mr. John Coggswell, 300 ax^res at further 
ChebachOy ''hauemg the Riuer on the Southeast, the Land of 
William White on the Northwest & a creeke comeing out of the 
Riuer towards William Whites f arme on the North-east bounded 
also on the west with a creeke and a little brooke." C)opy made, 
Apr. 14, 1662, from the town book of Ipswich by Robert Lord,* 
cleric. 

Will Story's* answer to Will. Cogswell's pleas, that the grass or 
thatch he took was not worth more than nine pence nor the land 
upon which it grew more than five shillings, and so not actionable 
in this court, etc. 

William Cogswell's* pleas: That the sons of said Story cut the 
thatch which has been proved was his land granted to Mr. John 
Cofipswell ,etc. ; that the law of possession gives good title to land 
possessed from before October, 1652 to October, 1667, but he had 
owned this before '52 and after '57, therefore the land would be 
his tf he had no other title, all flats that lie upcm riven are the 
property of the owners of adjacent land to tt^ low water mark 
where it does not exceed one hundred rods, ebbing and flowing, 
but this land is not one hundred rods, therefore it is a part of the 
grant, etc. 

Jolm CogBwell, jr., testified that he and his sons had enjoyed 
his grant from Ipswich above thirty-two years without molesta* 
tion until 1667. Sworn in court. 

Richard Jacob deposed concerning the bounds. Sworn in 
court. 

Umpher Wodbery, aged sixty-one years, deposed that being 
occasionally at Cogswell's house getting fodder, the latter told 
Woodbery's sons where they could mow, and upon going there 
found the Storys cutting thatch, etc. Deponent had known it 
to be Cogswell's land for twenty years, etc. Sworn, 25 : 7 : 1668, 
before Wm. Hathome,* asmstant. 

William Woodbury, jr., of Salem, aged about eighteen years, 
deposed that he went to Chebacko with his father and that 
Story's sons carried away the thatch in their canoes, etc. Sworn, 
25 : 7 : 1668, before Wm. Hathome,* assistant. 

Wiliam Tomson and Samuell Coggswell deposed. Sworn m 
court. 

Jonathan Wade and George Gittins deposed. Sworn in court. 

John Kenricke and John Newmarch, jr., deposed that they 
were at Cogswell's marsh loading barrel staves, they saw the 
Storys with three canoes grounded in a little cove of thatch, etc. 
Sworn in court. 

James Cohnan deposed that he had lived with Cogswell for 
fifteen years, etc. Sworn in court. 

*Aiifcogimph. 



48 IP8WICH QUABTEBLT COURT [Sq>t. 

Wm. Cogswell v. John Bumam. Trespass. In his barley by 
swine. Verdict for plaintiff.* 

♦Writ, dated 22 : 7 : 1668, signed by Tho. Bradbury,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Order of the selectmen of Ipswich, Mar. 24, 1667, that all swine 
be yoked and ringed under penalty of 6d. per head, and they 
appointed Renold Foster and Mark Quilter on the north side of 
the river and Samuell Ayres and Samuell Hunt on the south to 
see the order kept. Copy made from the town book, Sept. 28, 
1668, by Robert Lord,t cleric. 

Edmmon Marshall and Bengimon Marshall deposed that when 
they were grinding their scythes at Mr. Cogswell's house, he 
asked them to go and see the damage done by hogs in his barley 
and there was hardly a place where they had not been rooting. 
There was a creek between John Bumom, sr., and Mr. William 
Cogswell, which no cattle ever crossed in the nine or ten years 
that they had lived there. The damage was about thirty bushels 
of barley. Sworn in court. 

Roberte Crosse, sr., aged about fifty-five years, deposed that he 
and his son Robert were riding home and they saw Cogswell and 
his family raking in the barley field and were asked to see the 
barley damaged, etc. 

John Bare, aged twenty-two years, deposed that Cogswell asked 
him if he knew whose hogs they were that lay in Master Waldoes 
old house, etc. James Coleman deposed the same. Sworn in 
court. 

Mary Bumum, aged about twenty years, deposed that she saw 
a great flock of pigeons rise up from the barley in controversy, 
etc. Sworn in court. 

James Cohnan deposed that his master Cogswell talking with 
Goody Bumum and her daughter Mary about the damage that 
tiieir swine had done, told them that two hogs would not make 
up for the damage done, and they said he should not have a 
penny, etc. Sworn in court. 

Mr. Samewell Roggers and John Browne, sr., fence viewers, 
deposed that they were called to view the fence between the lots 
and adjudged the creek to be no fence, etc. Sworn in court. 

John Bumham and Mary Bumham, jr., deposed. Sworn in 
court. 

John Bumam, jr., aged eighteen years, deposed that James 
Coleman told him about the hogs at Waldoes old house, etc. 
Sworn in court. 

William Cogswel's bill of cost, 21i. 5s. 2d. 

John Coggswell and Wiliam Butler deposed that they saw 
Goodman Bumiun's hogs in Coggswell's barley, and they were 

fAatograph. 



1A68] KEComxm mhd wJhm 49 

Robert Grose v. Thomas White. For withholding 51i. With- 
drawn. 

Richard Brabrooke v. Abraham Perkins. Trespass upon a 
replevin. Verdict for defendant. Court did not accept the ver^ 
diet.* 

Richard Brabrooke v. Tho. Wells. Slander. Verdict for 
idaintiff , the defendant to make acknowledgment.t 



neither ringed nor yoked. John Cogswell said that after English 
harvest the hogs were in his uncle^s pasture and as he was hunt- 
ing tiiem outy Goodman Bumam came very angrily to him and 
asked him why he hunted his h<^. Sworn in court. 

Rob. Crosse, jr., deposed. Sworn in court. 

WiUam Tomsone deposed that Goodman Bumum told him 
that his hogg were never in Coggswell's barley but three times» 
Sworn in court. 

*Writ of replevin, dated Aug. 11, 1668. for fifteen or sixteen 
cattle of Richard Brabrook impounded oy Abn^iam Perkins; 
signed by Robert Lord,t for the coiuii, and served by Theophilus 
Wikon4 constable of Ipswich. 

Bond of Richard Brabrock| and Abraham PerkinsI to stand by 
the award of Mr. John Apellton and Mr. Thomas Bichup. Wit: 
Robert Crossel and John Bee.} 

John Willestone and Jacob Perkins deposed that none of tho 
cattle that went on the common were known to break into this 
com, etc. Sworn in court. 

James Giddmge and John Anddruse deposed that they were 
present when Abr. Perkins sent his man John WiUiestone to> 
Brabrock, etc. They appraised the damage at twenty bushels. 

John Bumam, sr., deposed that he saw Perkins drive this unt- 
ruly bullock to the pound, which animal had taken a post out of 
the ground from a fence and carried it away. Sworn in courts 

Robord Cross, jr., deposed. Sworn in court. 

Thomas Watts deposed concerning Brabrok's cattle. Sworn in 
court. 

John WilliesUme deposed. Sworn in court. 

Abraham Perkins' bill of cost, lli. 17s. 8d. 

Samuell Roggers and John Browne, sr., deposed that they bo- 
ing appointed by the town to view a tence adjoining the common 
in the new pasture, when they came near, saia how can any man 
expect to save any com by such a fence, etc. Sworn in court. 

tWrit, dated Sept. 24, 1668, signed by Robert Lord,} for the 
court, and served by Robert Lord,} marshal of Ipswich. 

Reinald Foster, jr., and wife Elizabeth, ag^ above thirty 
years, deposed that Goodman Brabrack and John Baer came to 

tAutograph. 



50 IPSWICH QUABTBBLT OOUBT [Sept. 

Mr. Oliver Purchase, attorney to John Morgan v. John Hutch- 
eson. For keeping, aligning or selling a boy. Verdict for de- 
fendant.* 



their house on a journey to Salem and told them that Goodman 
Wells was a very bad neighbor because said Wells came to their 
house and he told them that he made the lease between them 
for his farm, but he wrote what he pleased and left out what he 
pleased and when he read it, he read what he pleased, etc. 

Edmmon Marshall and Bengimon Maishall deposed that 
Thomas Welles often called Goodman Brandbrooke a ''damned 
wrech & a lim of the Diuell and was not fit to liue upon godes 
earth & it was as prone for him to lye as the smocke to flie up- 
wards and one a sacrement day ether going or comming it was all 
one hee mayd no conshanc of it," etc. Sworn in court. 

Steeven Grose, aged twenty-one years, deposed. Sworn in 

court. 

Robt. Crosse, sr., and wife Anna deposed that Tho. Weelles 
said at their house that Braudbroock was a common lier, and 
that "it cannot entor in to the hart of man to conseue neather 
in the Tongue of man to expresse the wickedness y* is in him," 
and that his wife was as bad as he. Sworn in court. 

Beinold Foster and wife Elizabeth deposed that Brabrucke 
came to their house and asked if they would buy some beef, for 
John Baer had lost a heifer, which was drowned, but it was good 
wholesome meat and as they had a great many small chil£en, 
they might have it cheap. But they found that it had been dead 
three da3rs, and afterward Goodman Bill told deponent when it 
came into his house they could not endure the stench, which was 
the same day that said Brabrucke came to proffer the meat. 

Marthy Low, aged about twenty-seven years, deposed con- 
cerning John Bare. 

*Writ: Mr. Oliver Purchase, attorney to John Morgan of 
BristoU V. John Huchenson and widow Abygaill Lambert, his sis- 
ter; for keeping, assigning and delivering a boy called John 
Hutson, irinflnmn to Said John Moi^^an, without any l^al power; 
dated 15 : 7 : 1668; signed by HiUyard Veren,t for the court; 
and served by Henry Skerry,t marshal of Salem. Bond of Jo. 
Hutchinson,t Natha. Putnamf and Abigail (her mark) Lambert. 

Henery Skerry, aged above sixty years, deposed that he heard 
Mr. John Morgan say that he left this boy, his sister's son, with 
Mr. Woodcoke free to do by him as his own child. Sworn in 
court by Rich. Swian and Henry Skerry. 

If John Hutson acknowledged in court that he bound himself to 
John Hutcheson with Mr. Woodcock's consent. 

tAntograph. 



1668] BBOOBDS AND FILB8 51 

Mr. Oliver Purchase, attorney to John Morgan v. Abigaill 
Lambert, widow. Verdict for defendant. 

John Tod v. Jonathan Platts and John Acie. For impeaching 
and disturbing his title to land. Verdict for plaintifF.* 



^'Writ: John Tod v. John Acie and Jonathan Platts; for dis- 
turbing his title to land taken by execution from Mr. Anthony 
Crosbie in the common field of Rowley and near the town, by 
ftUiTniTig it to be theirs, trespassing upon the salt marsh by mow- 
ing, etc.; dated Sept. 23, 1668; signed by Robert Lord,t for the 
court; and served by Robert Lord,t marshal of Ipswich, by 
attachment of sixteen acres of land and half a bam of said Acie's 
and the house and land of Plats. 

John Tod's bill of cost, 31i. 2b. lOd. 

Copy of writ of execution against Mr. Anthonie Crosbie, and 
return of Robert Lord, marshal, taken from Ipswich cowrt of 
Sept. 25, 1666, by Robert Lord,t cleric. 

Deed, dated June 10, 1667, John Tod of Rowley to Leonard 
Hairiman of Rowley, for 6801i., one dwelling house, bam, two 
orchards, home lot of two acres, twenty-five acres of pastiire in 
the common field, three acres of tilli^ between the pasture and 
highway, four acres at the planting hffl, one-half of Mr. Carlton's 
lot, four acres at Satchell's meadow, one acre at Sandy bridge, 
four acres salt marsh commonly called Mr. Dumers farm, joining 
upon marsh of Edward Sawyer and Mark Pryme, four gates upon 
the commons of Rowley town, and thirtynseven acres of land taken 
by execution from Mr. Crosbie. Wit: John Pickard and Joane 
Pickard. Acknowledged, June 10, 1667, before Daniel Denison.t 
Copy from the third book of records of lands for Essex, folios 39 
and 40, by Robert Lord,t recorder. 

John Tod's damage: 4 load of hay at 15s., 31i.; 10 hands to 
attend to ye fetching it, lOli.; 3 Teams, 2s. 6d. pr., 78. 6d.; and 
the disturbing of his title had been a very great hindrance to his 
calling and family, ''besides Injury in my Creditt, hauing to deal 
with Sundry men." 

Quit claim deed, dated Aug. 1, 1668, Leonard Hanimanlt of 
Rowley to John Tod of Rowley, land conveyed to him by deed 
of June 10, 1667. Wit: Philip Nellsonf and John Pickard.t 
Acknowledged, Aug. 19, 1668, before Samuel Symonds.t Re- 
corded, Aug. 20, 1668, in the third book of the records of lands 
for Effiex, folio 82, by Robert Lord,t recorder. 

Deed, dated Oct. 4, 1666, Anthoine Crosbie and wife Prudence 
of Rowley to Jonathan Platts of Rowley, for 121i., two acres of 
salt marsh called Mr. Dummer's farm, bought of Frances Parrett 
in exchan^ for two acres of salt marsh adjoining said Parrett's 
third division at Sawyer's Island, it being half of Parret's second 

fAntogia^ HAutograph sad teal. 



6S IFBWXOH QUASTIBLT OOtTBT [Sept 

John Pudney v. Mr. Edmond Batter. Appeal from a judg- 
ment of Major Wm. Hathome, tried 24 : 6 : 1068. Verdict for 
defendant, confirmation of the former judgment.* 

division, bounded upon a creek on the west, on the marsh of 
''uxor" Smith on ihe southwest, on marsh of Ezekiell Jewett on 
the southeast and on the marsh of John Tod on the northeast. 
Wit: Abraham Jewett and John Acie. Acknowledged, Oct. 6, 
1606, before Samuell Symonds. Recorded, Oct. 8, 1666» in ihe tiiird 
book of records of lands for Essex at Ipswich, by Robert Lord,t 
recorder. Copy made, Sept. 24, 1668, by Robert Lord,t re- 
corder. 

Robert Lord, marshal, deposed concerning levying the execu- 
tion. Sworn, June 25, 1667, before Daniel Deni8on.t 

John Pickard deposed. 

Thomas Wood deposed that the night that Tod went for the 
hay, John Ace and Johnnathan Pli^ owned that it was the 
m^Ebdow the execution was levied on, but they would prove a bet- 
ter title. Sworn in court. 

Deed, dated Feb. 14, 1665, Anth. Crosbie| of Rowley to 
Jonathan Platts and John Acie of Rowley, his now dwelling house, 
orchard and land, formerly belonging to Mr. Henry Sands, the 
other adjacent land of Mr. Edward Carleton, also seven acres of 
pasture near Satchwell's bridge, formerly owned by Capt. Brig- 
ham, also six acres of meadow belonging to John Heseltine, the 
other acre formerly belonging to Thomas Leaver which two and 
one join upon the ox pasture at the hither end boimded by the 
mill river at one side and one end, on the other side by marsh 
formerly bdonging to Goodman Trumble, the other three acres 
formerly belonging to Mr. Sands lying in Mr. Dummer's farm, 
adjoining marsh formerly belonging to Elder Reyner, etc. Wit: 
Henry (his mark) Rielie and Abraham Jewitt. Acknowledged, 
Oct. 6, 1666, before Samuel Symonds.t Recorded, Oct. 8, 1666, 
in the records of lands for Essex at Ipswich, folio 6, by Robert 
Lord,t recorder. 

Edward Sawer, aged about sixty years, and John Watson of 
Rowley, aged about twenty-^our years, deposed. Owned by de- 
fendant in court. 

*Copy of the papers in the case tried before Wm. Hathome.'f 

Writ: Mr. Edmund Batter v. John Putney; trespass; for 
coming upon said Batter's marsh and mowing his grass; dated, 
Aug. 11, 1668, signed by Hiliard Veren,t for the court. 

(^ 24 : 6 : 1668, Wm. Hathome gave judgment for plaintiff, 
and John Putney appealed to the next Ipswich court. Josua 
Buffam bound. 

t Antognph. tAatogniph and seal. 



1668] BK00BD6 AND RLM 5S 

Richard Swan v. John Morgan. For takuig away John Hutt- 
0on. Verdict for plaintiff, the boy to be returned.* 

EdnL Batter appomted Christopher Waler his attorney, 24 :6 :1668 
in the actions between himself, Jo. Putney, Jno. Burton and Foster. 

Benjamin Felton, aged sixty-four years, and Christopher Waller, 
aged forty-four years deposed that they saw Jno. Pudney mow, 
Jno. Burton, jr., pitch and John Foster, jr., load and cany away 

Sss and thatch on Mr. Batter's marsh. Sworn, 11 : 6 : 1668, 
ore Win. Hathome,f assistant. 

John Pudney's reasons of appeal: That the question was on 
the title of land and beyond the power of their magistrate; that 
Jbnn Smithy who employed him to wprk for him, was the owner 
of the land; that the land is judged to be worth three times what 
tb^ took it for, etc. Received, 23 : 7 : 1668, by Wm. Hathome.t 
Copy made by Wm. Hathome.t 

Mr. Batter's bill of cost, 8s. 2d. 

Kdipund Batter'st answer: That there was no need to prove 
the tiUe, and a magistrate could try a land case as well as any 
otherj etc. 

Jphn Foster, sr., and John Foster, jr., deposed that Benjamin 
Felton, being at Major Hawthorne's when John Pudnee was 
fummoned, said that he did not know the marsh, never saw it nor 
knew where it was until his cousin told him, etc. Sworn, 28 : 7 : 
16^ before Wm. Hathome,t assistant. 

^rit: Richard Swan v. John Morgaine, commander of the 
Bristow ship, now lying in Marblehead harbor; for taking away 
John Hutson, servant of said Swan, and detaining him; dated 
34 : 6 : 1668; signed by Hillyard Veren,t for the court; and 
served by Henery Skerry,f marshal of Salem. Bond of John 
Morgant and Moses Maverickcf 

John Gedney, aged about sixty-four years, deposed that he 
heard Mr. Morgan sa^ that he had taken his cousin from Mr. 
Swan and delivered hun to Mr. Oliver Purchas to take into his 
custody. Sworn, 21 : 7 : 1668, before Wm. Hathome,t assistant. 

Charles Browne, aged about forty-two years, deposed tiiat he 
heard Goodwif e Lambert of Rowley say that she sold John Hud- 
son, her boy, to Richard Swan of Rowley for fourteen pounds to 
be paid in wheat and barley. Also that he heard John Hudson 
say that Richard Swan was to buy him and he rejoiced much at 
it. Sworn in court. 

Walter Price, aged about fifty-five years, deposed that on 
16 : 7 : 1668, he was summoned to appear before the Worshipful 
Major Hawthorne to testify concerning Mr. Morgan's reputed 
cousin. That when Morgan delivered the boy to Purchase, he 
asked him whether he would go with his old master Mr. Swan or 

tAvtograph. 



54 mWICH QUABirBRLT OOtJBT (Sept. 

Wm. Knowlton v. Thomas Whittred and Florance, his wife. 
Appeal from a judgment of Mr. Samuell Symonds. Verdict fo^ 
defendant.* 

his new, Mr. Purchase, and the young man chose Mr. Purchase, 
so Mr. Swan came away and left the yoimg man there. Sworn, 
16 : 7 : 1668, before Wm. Hathome,t assistant. 

John Cook, aged about twenty years, deposed that hearing 
people talk at his master's gate, he saw a man they called Morgan 
take a boy in the street, whom they called John Hudson, etc. 
Sworn, 16 : 7 : 1668, before Wm. Hathome,t assistant. 

Henery Skerry, aged about sixty-four years, and Richard Swan, 
deposed. Sworn, 21 : 7 : 1668, before Wm. Hathome,t assistant. 

Richard Swan's bill of cost, lli. ISs. 8d. 

Beriah Browne of Rowley, aged twenty years, deposed. Sworn 
in court. 

Indenture, dated Dec. 1, 1664, John (his mark) Hudson,^ son 
of John Hudson of Bristol, Eng., aged about twelve years, with 
the consent of Mr. William Woodcocke of Salem, to whom he 
was committed in trust, boimd himself to John Hutchinson of 
Salem husbandman, for eight and one-half years. Wit: 
Benjamin Feltonf and Edw. Norice.t 

On Dec. 17, 1667, John Hutchsonf of Salem made over the boy 
to Richard Swone of Rouly, with the full consent of John (his 
mark) Hudson of Rouly. Wit: Richard (his mark) Huchinson 
and Thomas Hale.f This assignment was allowed by Samuel 
Symondsf and Daniel Denison-f 

*Copy of the papers in the case tried by Samuel Symonds :t 

Siunmons, dated Sept. 14, 1668, to Thomas Whitred and wife 
Florans, on complaint of William Knowlton for slander, said 
Florans having reported that Knowlton stole money out of her 
house. 

Alice Perry, Richard Lea and Joseph Knolton deposed. 
Sworn, Sept. 21, 1668, before SamueU Symonds. t 

Florans Heart deposed that one morning when her mother was 
absent, Knowlton came to their house and asked what she would 
give for a handkerchief. She answered that she had nothing to 
give but shillings and if he would give her six pence she would 
give him one sUlling, which she did. She could not get the six 
pence and Knowlton threw the handkerchief at her and said if she 
would not have that she should have nothing. Then she brought 
forth a little box in which were four shillings and two two-pence 
and half a crown, all of which Knowlton had in his hand. After- 
ward he asked what she would give for his knife and said she 
could have it for the two two-pence and the six pence. When she 

tAntograph. t^eaL 



1668] BECORDS AND FILES 56 

Administration having been granted to Abigaill Lambert, 
widow of John Lambert, and an inventory brought in and sworn 
by said widow at Ipswich court, Nov. 14, 1667, amounting to 
5411i. 19s. 7d., and there being two children left, a son and a 
daughter, court ordered 24011. to the son in the land as appraised 
at the age of twenty-one years, and 1201i. to the daughter at the 
age of eighteen or marriage with her mother's consent. The 
widow was to have the rest and if she married again, security 
should be given for the payment of the daughter's portion, 

Richard Watters was licensed to sell ale and beer at Salem by 
retail for a year. 

Abraham Perkins was licensed to still strong waters for a year 
and not to sell contrary to law. 

Will of Gyles Birdley was proved and inventory received. 

George Flint made choice of Nath. Putman as his guardian, 
who gave bond. 

Joseph Pike was allowed clerk of the writs at Merimake village. 

Thomas White, appealing from the judgment of court in his 
action with Mr. Antipas Newman and not prosecuting, was 
fined. 

Thomas Hobbs, presented for excessive drinking, was fined. 

John Leeds, presented for absence from meeting, was admon- 
ished. 

Wm. Pilsbury of Newbury took the freeman's oath. 

opened the box again, she missed a shilling but did not ask him 
for it because she supposed he was an honest man. All of this 
testimony, Knowlton denied. 

On Sqpt. 21, 1668, Samuell Symonds found for the plaintiff, 
William Knowlton, and damages of 5s., ''unless she doth acknow- 
ledge that she hath slandered the said Knowlton now before all 
this company." Said Knowlton appealed to the next Ipswich 
court. Thomas and John Knowlton boimd. 

William Knowlton's reasons of appeal: That ''y^ greatness of 
y* slander being charged with theft on y^ Sabboth day & in so 
publig a maner before many people with great outrage & rayling 
so that I did not thinke myselfe suffitiently satisfied^ neither my 
name vindicated by what M' Symonds did award." Received, 
Sept. 22, 1668, by Samuell Symonds.* Copy made by Samuell 
Symonds.* 

Thomas Whittridg's answer to the reasons of appeal. 

^Autograph. 



« 

66 IF8WIGH QUABmLT 00X7BT [Sq)t. 

Comett Whipple took the freeman's oath. 

Caleb Hopkinson chose his brother Jonathan Hopldnson as his 
guardian, who gave bond. 

Edward Smith chose Leonard Haryman as his guardian, who 
gave bond. 

Mehittabell Brabrooke, complained of for suspicion of setting 
a house on fire, being convicted of extreme carelessness if not 
wilfully burning the house, was ordered to be severely whipped, 
and to pay 401i. damage to Jacob Perkins.* 

^Examination of Mehitabel (her mark) Brabrooke, aged about 
sixteen years, taken Aug. 15, 1668, before Daniel Denison:t ''On 
Thursday last was seauennight, her master Jacob Perkins and his 
wife being gone to the Towne, sbee was l^t at home alone about 
2 or 3 aclocke in the af temoone she was taking tobacco in a pipe 
and went out of the house with her pipe and gott upon the ouen 
on the outside A backside of the house (to looke if there were any 
hogs in the come) and she layd her right hand upon the thatch 
of the house (to stay herselfe) and with her left hand knocked 
out her pipe ouer her right arme upon the thatch on the eaues of 
the house (not thinking there had been any fire in the pipe) and 
imediately went downe into the come feild to driue out the hogs 
she saw in it, and as she was going toward the railes of the feild 
towards Abraham Perkins house shee looked back, saw a smoke 
upon her M** house in the place where she had knocked out her 
pipe [torn] which sbee was much frighted, and went into the s^ 
Abraham Perkins [torn] to intreat her to helpe her about a kettle 
of cloathes, and [torn] kins sent her to their bame to call her 
mayd to come and looke to [torn] child whilest shee went to helpe 
this examinate and when [torn] w^ the mayd the s^ Ooodwtfe 
Perkins A I this examinate went [torn] towards my m' Jacob 
Perkins house in the way wee saw the smoke [torn] the house & 
then ran and coming to the house f oimd the fire [torn] in the 
place aboue the ouen where I knocked out my pipe [torn] I ran 
tor a paile of water but before I could gett out [torn] well the 
thatch flamed & for want of Ladders & helpe being rem [tom]the 
house was burned downe, being demanded, why upon her first 
seing of the smoake she did not acquaint Goodwife Perkins she 
s^ she was loath to fright her, and being asked why when she 
first saw it, shee did not goe backe to quench it she answered shee 
was so frighted shee durst not, she further s^ as shee was coming 
w^ Goodwife Perkins toward the house she s^ to the s"^ Goodwife 
Perkins why doe the woods looke blew beyond our house & s' 
their was a great smoake behind their house/' She further tes- 

tAutograph. 



1668] BXCOBPB AND FUiBS 57 

Wm. Marchent dying mtestate, administration upon the estate 
was granted to Mary Merchant, widow, and an inventory of 
13211. being presented, court ordered that the estate be divided, 
half to the widow and the other half to his 8on-in*iaw and 
daughter, Henry Ossbome and Mary his wife. 

Up(m complaint of divers inhabitants of Tops&eld, Rowley 
l^age and Wills Hill that by reason of the mill dam at Ipswich 
the passage of alewives had been wholly hindered for several years 
80 that they had been deprived of the benefit of fishing, and con- 
sidering that the course of the fish might be wholly diverted 
from the river, ordered that the owners or occupiers of said mill 
from the first of April each year until the middle of May leave 
open a free and sufficient passage of water through said dam. 

tified that about an hour before the fire kindled on the house, 
the chimney was on fire a little above the wing at which she was 
frkhtened, but she quenched it with lye she had upon the fire in 
a kettle of clothes. She was committed to prison, Aug. 15, 1666, 
not having baU ready. 

^Brf3>rocke boimd for his daughter Mehitabel's appearance 

at the next Ipswich court. 

Abraham Perkins, aged about twenty-nine years, and John 
Wilfyston, aged about twenty years, deposed that they heard 
M^mtable Brabrooke acknowledge that she put her tobacco pipe 
into the fire and dipped up a coal in it to light it, etc. Sworn in 
comrt. 

Hannah, wife of Abraham Perkins, deposed that she went with 
Mehitabel Brabrooek to the house and looked up into the cham- 
ber through the boards that lay very open on the side where the 
smoke was. When Mehitabel brought the water from the well, 
deponent got upon the oven and threw water there but it was so 
long before the water was brought that the fire spread. She 
looked into both chimneys and saw no appearance of fire, only a 
few brands ends nearly dead under a great kettle hanging in the 
chimney, etc. Sworn, Sept. 29, 1668, before Daniel Denison.* 

Timothy Bragg, aged about seventeen years, deposed. Sworn 
in court. 

John Williston, aged about twenty years, deposed that he and 
Mehitabel were going to the meadow to make hay before the fire, 
when she told deponent that her mistress was angry with her, but 
she had "fitted her now", for she had put a great toad into her 
kettle of milk, etc. Sworn in court. 

Goodwif e Brag testified that at her house she heard Goodwife 
Brabrock say that Mehitabell was a filthy, imchaste creature. 

^Autograph. 



58 IP8WIGH QUABTBBLT GOTTBT [Sept. 

Five shillings were given to the house. 

On Dec. 19, 1668, the Worshipful Mr. Samuell Symonds and 
Major Genrll. Daniell Denison, with the clerk present, granted 
administration on the estate of William Whittred of Ipswich to 
his son Thomas Whittred, who was to bring in an inventory. On 
Jan. 14, 1668, they granted administration upon the estate of 
Thomas Maning to two of his sons, Thomas and John Maning, 
who were to bring in an inventory. 

Inventory of the estate of Wm. Cottell of Newbury, taken, 
Sept. 28, 1668, by Benjamin Roaf and Anthony Sumerby: House- 
hold furnishings, utensils, silver porringer, wine cup, three silver 
spoons; debts in New Yorke and New Jarsye and in cattle there, 
1401i.; wearing apparel, debts in Newbury; a neger maydservant, 
61i.; total, 2021i.; debts owning, to Joseph Downer, Samuell 
Moody, Benjamyn Roafe; total, lOli. 10s. He left four children, 
the yoimgest a son and another expected. Court ordered the 
estate to remain in the widow Sarah Cottle's hands, she to ask a 
division by the court if she married again. [Original on file in 
the Registry of Probate.] 

Inventory of the estate of Nathaniel Perley who deceased Apr. 
29, 1668, taken May 26, 1668, by Isaack Foster and Nehemiali 
Abbott: A frame almost fitted for raising, 51i.; domestic animals, 
a pike and gun, land, debts due, etc. ; total, 1331i. 2s. 6d. ; debts 
due from the estate, to the physician. Hi., fimeral expenses, 21i., 
to Francis Wainwrite, 4s. 5}/ii. Sworn in court by Alen Perley, 
administrator. [Original on file in the R^istry of Probate.] 

Will of Gyles Berdly of Ipswich, dated July 18, 1668, and sworn 
in court by the witnesses, Thomas Enowlton, sr., and Jacob Fos- 
ter: That all former engagements by his imcle, deceased, be ful- 
filled; to wife Rebecka his house and groimd, use of barn, etc., 
during her life, and at her death, to eldest son Andrew, the house 
and land at home and abroad, but should he die without issue, to 
son James, and should the latter die childless, to son John; the 
wife was to dispose of the household goods and the remainder of 
his estate he left to son Andrew; Theophilus Willson, executor, 
and Deacon Knowlton and Jacob Foster, overseers. Wit: 
Thomas Knowlton, sr., and Jacob Foster, who made oath in 
court. [Original on file in the Registry of Probate.] 

Inventory of the estate of Giles Berdly of Ipswich, taken 
August 7, 1668, by Robert Lord and Robert Pearse: Dwelling 



1668] BECOBD8 AND FILB8 59 

houfle, bam and homestead, 501i.; twenty-eight acres of hind, 
domestic animals, wearing apparel, household furnishings, mus- 
kets, bandeleers, sword, powder, bullets, tools, utensils, bible, 
grain, an iron foot, 4 occumy spoons, etc. ; total, 2611i. 4s. Sworn 
in court by the executor. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Wm. Marchent, late of Ipswich, 
taken Sept. 4, 1668, by Moses Pengry and Edward (his mark) 
Lomase: Wearing apparel, house, bam, orchard, land at Plumb 
Island, household furnishings, new cloth, utensils, domestic ani- 
mals, grain, cheese, apples, total, 1351i. 19s. [Original on file 
in the Registry of Probate.] 

Will of Richard Longhome of Rowley, dated Feb. 10, 1668, 
and proved in court by Mr. John Ward: To daughter Elizabeth, 
ia double portion, who with his brother Thomas Longhome, were 
appointed executors; if Elizabeth died without issue, one-half of 
the estate given her, was to be given equally to his other three 
daughters; to servant, Samuel Wood, lOli., and if the latter's 
father Obadiah Wood be willing that his son serve out his time 
with testator's brother John Johnson of Rowley, lOli. more be 
given him; if Samuel died before his time was out, the 201i. to be 
divided among his children; the remainder of the estate to be 
divided equally. John Pickard, John Johnson and James Bayley 
of Rowl^, overseers. Wit: Anthonie Crosbie, Daniell Ela and 
John Ward, who made oath in court. [Original on file in the 
Bc^gistry of Probate.] 

Jonathan Platts deposed that going to Haverill when Richard 
Longhome was sick, with John Pickard, he left the latter on this 
side the river and went over with the daughter of Richard Long- 
home to see him and told him his brother Pickard was on the 
other side. He told deponent that he was very glad of it, for he 
had a great desire to speak with him, that he knew not how Ood 
might dispose of him and he desired deponent to come to him 
again when his brother came over the river. And so coming to 
him again, his brother being with him, and he, having told his 
mind to his brother Pickard, the latter told Longhome that he 
would relate what he said to deponent for fear of spending him. 
Ck>nceming his children's disposal, John Pickard said to leave them 
to the disposal of their grandmother to which Longhome replied 
that he would and also to their two aunts, and that he would 



60 HAMPTON QUABTBBLT OOUBT [Oofe. 

have them advise with Goodwif e Bayly who waa a good woman, 
whom he believed loved them well. This was about three yean 
before he died. John Pickard affirmed the same. Sworn, 30 : 1 : 
1669, in Ipswich court. 

Anthony Crosbie deposed that being in Haverill when Richard 
Longhome made his will, before Mr. Ward wrote it, said Lon^ 
home was very desirous that his brother Thomas Longhome 
should be one of his executors. But Thomas was not willing to 
serve, pleading his unfitness on account of living so far away, etc. 
Sworn in court 

Daniell Ela deposed that he heard Lon^^ome say that he do* 
sired his brother to take his smaller children and estate, etc. 
Sworn in court. 

Inventory of the estate of Richard Longhome, appraised Mar. 
24, 1668-9, by John Tod, Esekiell Northend and Samueil 
Brocklebanke: Wearing apparel, household furnishings, silver, 
pewter, glass, tools, household utensils, grain, hops, domestic aiii<* 
mab, dwelling house, brew house, orchard, 671i., Newmarshes lot, 
land bought of Thomas Abbott, land at Cow bridge, gate land, 9 
gates, Merimacke land, land at the great plain, land bought of 
Thomas Dickanson and John Scales, land in Shatswell's meadow, 
meadow at Newbury causeway, salt marsh on southeast side of 
Mr. Nelson's Island, marsh at Hogg Island; total, 732U. Us. Id. 
Sworn, Mar. 30, 1669, by Thomas Lon^ome and Elisabeth 
lionghome, executors. At court held Sept. 29, 1674, more was 
add^ to the inventory. [Original on file in the Registry of Probate. ] 



CoTTRT HELD AT Hamfton, 13 : 8 : 1668. 

Jury of trials: Jno. Severans, Wm. Buswell, fine remitted, 
Bartholemew Heath, Jno. Haseltine, Jno. Bonde, Mr. Ed. Good- 
win, Tho. Barnard, jr., Jno. Fulsham, sr., Wm. More, Wm. Sam- 
borne, Tho. Lovett, Natt. Batcheller, Ric. Olliver and Edw. Goe. 

Grand jury: Leift. Sweat, Ed. French, Jno. Stevens, Jno. Isily, 
fined for non-appearance, Ric. Currier, Jno. Weed, Jno. Robison, 
Jno. Sambom, Isaac Perkins, Jno. Cass, Moses Cox, Tho. Whit- 
tier and Peter Eyer, fined for non-appearance. 

Ric. Mercer v. Mr. Ekiward Goodwyn. Withdrawn.* 

*Writ: Richard Mercer v. Mr. Edw. Goodwin; for not satisfir- 
ing him for work done about a vessel of d^endant's now upon tne 



1608] BXC0BD8 AND FIUBB 61 

Ciq>t. Walter Barefoot v. Jo. Feild, Jno. Roberts and Jno. 
Smith. Debt due upon bond to prosecute an appeal from the 
last oourt of associates holden at Portsmouth. Verdict for plain* 
tiff. 

Capt. Barefoot v. Mr. Andrew Wiggin. Debt. Due in pine 
or oak boards for which Mr. George Person, plaintiff's attorney, 
saed. Special verdict found. 

Natt. Weare, administrator of the estete of Francis Swaine v. 
Jno. CSeford. Trespass. For claiming title to eighteen acres of 
salt marsh which was Fftmcis Swaine's, and mowing down the 
grass, said marsh lying on the south side of Fals river in HaiQp- 
ton, adi<»ning the marsh that was Edw. Colcord's, now in the 
hands of Christo. Hussey. Verdict for defendant. Court did 
not accept the verdict. 

Jeams Kid and Georg Vesie, administrators of the estete of Ed. 
Eurin v. Jno. Bray. For not satisfying him for certain goods and 
provisions delivered him. Verdict for defendant. Court did not 
accept the verdict. 

Nicholas Smith v. Nic. Leeson. For mowing his flats near the 
meadow in the Great Cove and carrying away his thateh. Ver- 
dict for defendant. 

Mr. Sam. Dudl^ v. Ralfe Hall, Jno. Robison and Nic. Leeson 
in behalf of Eketer. Debt. Upon account of rates to said Dud- 
1^ from the town within the year 1667. Verdict for plaintiff. 

Rodger Collins v. Henry Lamprey, sr. Debt. To be paid in 
stoves. Verdict for plamtiff . 

Heniy Roby, attorney, and Abr. Drake v. Jno. Fulsham and 
Jno. Warrin. Forfeiture of a bond. That the order of last 
SaHsbury court had not been performed by Mary Fulsham, sr., 
nor by her sureties, Jno. Fulsham and Jno. Warrin, which waa 
that said Mary was to pay to Henry Roby, attorney for the town 
of Hampton, 181i. Verdict for defendant. 

Rob. Wadly v. Ci^t. Barefoott. For breach of covenant in 
not giving plaintiff a deed of sale according to law for one-half of 
640 acres at Lamprey river, which plaintiff bought of defendant 

stocks at Salisbury new town, one half to be paid in money and 
the other half in goods and provisions, as per bill to Mr. Nath. 
Green; dated June 11, 1668; signed by Tho. Bradbury, for the 
court; and served by Robert Jons,* consteble of Amsbery, by 
attachment of the ship upon the stocks. 

^ AutogTHftli. 



62 HAMPTON QUABTEBLT GOUBT [Oct, 

May 11) 1666. Verdict for plaintiff. Capt. Barefoot was ordered 
to give to plaintiff ''such a deed as y^ learned in law shall judg 
authentick" before the end of court or to pay SOOli. CJourt did 
not concur.* 

Jno. Hutchins v. Mr. Cutt and Capt. Pendleton, in behalf of 
the town of Portsmouth. For not satisfying him for building a 
meeting house at Portsmouth to the value of 14011. Withdrawn. 

Jno. Hutchins v. Mr. Ric. Cutt, in behalf of the town of Ports- 
mouth. For not satisfying him for work that he did for Mr. 
Moodie's house and the seats in the meeting house and the cano- 
py, to the value of 611i. Withdrawn. 

Rodger Collins v. Georg Vezi and James Kid, administrators of 
the estate of Edw. Eurin, deceased. Debt. Due for services for ' 
the said estate. 

Mr. Jno. Barsham v. Wm. Fifeild. Debt. For keeping school 
in Hampton in 1661 and 1662. Verdict for plaintiff. 

Nat. Weare, administrator of the estate of Francis Swan v. 
Henry Green. For not satisfying a debt due to said Swaine to 
be paid in good English money payable in England as per bill 
dated May 2, 1655. Verdict for defendant.! 

Scamon v. Henry Sherbom. Withdrawn. 

Jno. Weed v. Capt. Pall White. For taking away white oak 
pipe and hogshead staves and white oak heading and converting 
them to his own use. Verdict for plaintiff. 

Jno. Weed, assignee of Sa. Winsly v. Capt. Pal White. Debt. 

*Writ: Robert Wadleigh v. Capt. Walter Barefoote; for not 
making good land bought of defendant at Lamperele river, com- 
monly called Mr. Symonds' falls, and for not securing plaintiff 
from Mr. Samuell Symonds, jr.; dated 16 : 8 : 1668; signed by 
Samuell Daltont for the court; and served by Abraham Drake,| 
marshal of Hampton. Bond of Walter Barefoote,^ Hen. Green- 
land| and Ralph Hallt of Exeter. 

Writ: Capt. Walter Barefoot v. Robert Wadlidg; for refusing 
to give security for payment of a bond, dated Jan. 20, 1667; 
dated 14 : 8 : 1668; signed by Tho. Bradbury,^ for the court; and 
served by Abraham Drak,t marshal of Hampton. Bond of 
Jonathan (his mark) Thing and Robert Wadleigh.^ 

fBenja. and John Cass deposed that the administrator 

of the estate demanded of Henery Greene the bill, etc. Owned 
in court by Henry Greene. 

tAolognplu 



1668] BE00BD8 AND FILES 63 

Paid by his order to Capt. James Olliver in boards at Boston upon 
account of Sam. Winsly. Verdict for plaintiff.* 

Ralf Hall, Jno. Robison and Nic. Leeson, in behalf of the town 
of Exiter v. Mr. Edward Hilton, sr. For not paying 51i. per 
year for two years in 1667, due by order of the town and his own 
premises toward the minister's maintenance, for the rent of the 
saw mill at Pascasit. Verdict for plaintiff. 

Natt. Boulter v. Natt. Fursham. Debt. Verdict for plaintiff. 

Natt. Boulter v. Henry Lamprey. Debt. Verdict for plaintiff. 

Natt. Boulter v. Edw. Colcord. For cutting and spoiling a 
parcel of timber, drawn to build a frame on the westerly side of 
mill brook in the winter of 1666. Verdict for plaintiff. Appealed 
to the next Court of Assistants. 

Mr. Henry Dearing v. Joseph Merrie. Debt. Verdict for 
plaintiff. 

Joseph Davis v. Capt. Walter Barefoot. For illegally taking 
201i. by an assigned execution, assigned to Capt. Barefoot by 
Ric. White of Eitterie, the plaintiff's estate being appraised at an 
mider rate. Nonsuited. 

Moses Bradstreet and Natt. Elithorp v. William AUin. Re- 
view of a case tried at the last Salisbury court, concerning land 
of plaintiffs, which defendant laid claim to by his agent Peter 
Eyer, the land being situate in Haverhill between Merries creek 
and a hill called Long hill. Verdict for plaintiff. 

Tho. Bradbury and Ralf Hall testified in court that James Kid 
and George Vezie were made administrators of the estate of Ed. 
Eurin of Exiter, before the Worshipful Mr. Sam. Simonds and 
Maj. Denison and the recorder of the coimty of Norfolk at 
Ipswitch.f 

Wm. Osgood, constable of Salisbury, gave information to this 
court of Mr. Willi. Hooke living from his wife. 

♦Writ, dated 6:8: 1668, signed by Tho. Bradbury,^ for the 
court, and served by Nathanell Clarke, t constable of Nuberie, by 
attachment of defendant's shop and goods in it. 

tExecution, dated 10 : 9 :1668, against George Vezie and James 
Kid, administrators of the estate of Edward Eurin, to satisfy a 
judgment granted to Rodger Collins at Hampton court, 13 : 8 : 
1668, signed by Tho. Bradbury,^ recorder, and served by Abra- 
ham Drake,t marshal of Hampton. 

}A«togr»ph« 



M HAMPTON QVAXTKHLT OOUBT [Oofc. 

In the case of Hen. Roby and Abraham Drake v. Jno. Fill- 
sham and Jno. Warrin, the case was committed to eight jury- 
men, Hampton jmymen being taken off as parties in the case. 

Mr. Edw. Ooodwyn, presented by the selectmen of Ahnsbury 
to keep the ferry over Merimack river above the mouth of the 
Pawwaus river where said Goodwyn dwells, was allowed to keep 
it one year imtil the court took further order. Prices: For every 
single passenger, 2d.; for a horse and man, 6d; for all great cat- 
tle, 4d per head; for sheep and other small cattle under two 
years old, 2d per head. 

Moses Gillman's license to keep ordinary for the town of Eki- 
ter was renewed for the ensuing year. 

Court having pursued the evidences in the matter between 
Thomas Sargent and Sarah Osgood, she having accused him of 
begetting her with child, foimd some suspicion but not guilty, and 
each was to bear his own charges. 

Henry True was fined 31i. and his wife 40s. for miscarriages 
before marriage. 

Ordered that Anthony Tayler be keeper of the coimty prison 
for Norfolk, now at Hampton, that he have 20s. for the year and 
to have the same fees as the prison-keeper at Ipswich. 

In the action of Ed. Colcord, Tho. Dearborn and Wm. Maxston 
V. Jno. Stanian, in an appeal, and not prosecuting, defendant was 
allowed costs. 

Sam. Simons was appointed ferryman for the town of Haveihill 
at the last Salisbury court, and in case he be not willing to keep 
tiie ferry any longer, the matter was to be left to the selectmen of 
the town until the next Salisbury court. 

The conunissioners employed about the coimty bridges were 
ordered to have 28. a day each for their pains therein. 

Mary Bead, unmarried, refused to make known the father of 
her child, and she was sentenced to be whipped not exceeding 
twenty stripes or to pay a fine of lOli. to the county. In case 
she still refuse to tell, die was to be whipped not exceeding ten 
stripes or pay a fine of 511. 

Edward Colcord, having carried himself disorderly and turbu- 
lently in affronting the court several times, and would not keep 
silent but charged them with not going according to law, was 
committed to prison. 

Edward Colcord, for provoking speeches to Mr. Andrew Wig- 



1668] RECORDS AND FILES 65 

gin and blows given him, with abuses to the court, was ordered 
to pay 51i. or to sit in the stocks two full hours beginning at 9 
o'clock tomorrow morning, being the 17 : 8 : 1668. Appealed. 

Mr. Stanian's license to keep the ordinary for Hampton was 
renewed. 

Whereas Capt. Walter Barefoot complained against Mr. 
Andrew Wiggins for his abusive carriage toward him in that 
tmder pretence of love, he bit him on the face, court sentenced 
him to pay 40s., imless he acknowledged bis fault in open court, 
which he did. 

Ed. Colcord declared in court that he would drive his cart 
through Nat. Boulter's house. Whereas it appeared that Col- 
cord had threatened to destroy said Boulter's house by cutting 
down or burning it, and that his wife and children were afraid of 
him, court sentenced him to give bond of 501i. for good behavior. 
Edw. Colcord owned the bond in court. 

Mr. Anthony Crosbie and Edw. Colcord boimd for the latter^s 
appearance at ne3ct Hampton court in the action of Boulter v. 
Colcord. 

Court ordered a coimty rate of 201i. made for defraying the- 
county debts. 

Mary Fulsham's fine was respitted. 

Allowed lOs. to the servants, and 5s. to the men who looked 
up the horses. 

Writ: Edward Colcord v. Nathaniell Boulter; for felling and 
cutting and carrying away timber and grass near the miU brook; 
dated 28 : 8 : 1668; signed by SamueU Dalton,* for the court; 
and served by Abraham Drake,* marshal of Hampton, by attach- 
ment of fifty acres of defendant. 

Writ: William Osgood v. Thomas Sargentt; for abusing hi» 
daughter; dated Apr. 11, 1668; signed by Richard Currier,* for 
the court; and served by Nathan Gould,* constable of Sahsbury. 

Writ: Daniell Ella v. Robert Swan; concerning breaking up* 
and cross-cutting land; dated Apr. 27, 1668; served by John 
Carleton,* for the court; and served by Abraham Drake,* 
marshal of Hampton. 

Writ: Joseph Hall of Exeter v. Anthony Stanian; dated Aug.. 
14, 1668, signed by John [Gillman?] for the court; and served by 
Abraham Drake,* marshal of Hampton. 

Writ: Anthony Stanian v. Tho. Fassie; for not satisfying him 
for entertainment at his house; dated 6:8: 1668; sign^ by 

^Antogiapiu 



66 SALEH QUABTEBLT COURT [NoV. 

CouBT HELD AT Salem, 24 : 9 : 1668. 

Judges: The Worehipfull Mr. Simond Bradstreet, Mr. Samuell 
Symonds, Major Danyell Deneson and Major Wm. Hathome. 

Grand jury: Capt. Walter Price, John Pickering, Leiut. Will. 
Dixy, Jno. Rayment, Joseph Huchesson, George Keaser, Richard 
Kemboll, Richard Beefer, Hen. Silsby, Nathanll. Kertland, Will. 
Clearke, Will. Merriam and Ambrosse Gale. 

Jury of trials: Mr. Eleazer Hathome, Mr. Jno. Gardner, 
Nathanyell Putnam, Richard Prince, William Flint, Joseph 
Phippen, Clement Coldum, William Bassett, Mathew Farrington, 
Tho. Newall, John Burrell and Richard Norman. 

Mr. Moses Maverick v. Andrew Tucker. Debt. Verdict for 
plaintiff.* 

Robert Crosse v. Thomas Wells. Slander. Verdict for plain- 
tiff. Defendant made public acknowledgment in court to clear 
the good name of said Crosscf 



Tho. Bradbury, J for the court; and served by William Osgood, |: 
constable of Salisbury, who delivered said Fassie to the jailkeeper. 

Execution, dated 4:9: 1668, against Mr. Andrew Wiggins to 
satisfy a judgment granted to Capt Walter Barefoot at Hampton 
court 13 : 8 : 1668, signed by Tho. Bradbury,J recorder, and 
served by Abraham Drake,$ marshal of Hampton. 

Writ: Moses Gillman v. Nickolis Lison and Aberiham Colines; 
forfeiture of a bond for payment for one yoke of oxen; dated 
13 : 8 : 1668; signed by John Gillman,^ for the court; and served 
by Abraham Drake,t marshal of Hampton. Bond of Abraham (his 
mark) Collins, Nicolas Lison^ and Ralph Hall.| 

Writ: Mr. Andrew Wiggins v. Capt. Walter Barfoot; review; 
dated 17 : 8 : 1668; signed by Samuell Dalton,t for the court; 
and served by Abraham Drake,| marshal of Hampton, by attach- 
ment of a saw mill at Puscasake river, also his estate in the hands 
of plaintiff and Jeames Eedes. Also another writ of the same 
date for money paid to Phillip Lewis for said Barfoott, with bond 
of Walter Barefooted and John Grothe.| Also another writ of the 
same date for forfeiture of a bond. 

♦Writ, dated Nov. 14, 1668, signed by Moses Mavericke,t for 
the court, and served by Rich. Rowland,^ constable of Marblehead, 
by attachment of the house and land of d^endant. 

tWrit: Robert Crose, sr. v. Thomas Wells; slander; for saying 
that he was a cheating knave and that he should have as good 
trading with the devil as with him, and better, too; dated Nov. 

tAutognph. 



1668] RECORDS AND FILES 67 

John Floyd v. Mr. John Gifford. Debt. For 3,000 feet of 
sawed merchantable boards. Verdict for plaintiff.* 

Phillip Fowler, sr. v. Phillip Bill. For security for a parcell of 
catUe he had of the plaintiff. Verdict for plaintiff.f 

12, 1668; signed by Robert Lord, J for the court; and served by 
Robert Lord,t marshal of Ipswich, 

Robt. Cross' bill of cost, 21i. 3s. 6d. 

John Beare, aged twenty-one years, deposed as to what Thomas 
Wells said concerning "oidd Crose." Sworn in court. 

Edmmon Marshall, jr., aged twenty-three years, deposed. 

Sworn in court, 

Richard Brandbrook, aged fifty-five years, deposed that Thomas 
Wells said at deponent's house that Crose ui>on one side and 
Bumom on the other would soon cheat me of my farm, etc. 
This was said in the hearing of all his family. Sworn in court. 

Bengemon Marshall, aged twenty-one years, deposed concerning 
what Thomas Wellese said about Robt. Crosse when deponent 
lived with said Wellese the last winter, etc. Sworn in court. 

Mary, wife of Robert Kinsman, deposed that Mehitabell Bra- 
brooke, living one year at her house, had no truth nor trust in her, 
and was much given to Ijring and stealing. This simimer, Good- 
wife Brabrooke told deponent that she continued so still. It was 
about seven years since said Mehitabell dwelt with deponent. 
Goodwife Brabrooke also told deponent that John Beare was a 
very vile, lying fellow. Sworn, Nov. 23, 1668, before Samuel 

Symonds.t 

Edward Brage deposed that he heard Goodwife Brabrucke say 
at his house that Mehitabell Brabruck would steal and lie and 
she was glad she was gone from her. Also that John Baere was 
the worse for being at Goodman Grose's. Sworn in court. 

William Story, aged about fifty-five years, deposed that he 
heard Goodwife Brabruck say, who brought up John Baer from 
a child, that he was a cursing, swearing fellow and used to have 
the devil very frequent in his mouth. Sworn in court. 

♦Writ, dated Oct. 16, 1668, signed by John Fuller,! for the 
court, and served by Robert Potter,^ constable of Lynn. 

John Floyd's bill of cost, Hi. 5s. 6d. 

Bond of John Giffard,t of Lynn dated Dec. 31, 1667, to John 
Floyd, for 3,000 feet of pine boards to be delivered at the now 
landing place of Capt. Marshall. Wit: Thomas Marshall^ and 
George Pearson.^ Sworn in court. 

tWrit, dated Nov. 3, 1668, signed by Robert Lord,! for the 
court, and served by Phillip Fowler,t deputy to Robert Lord,t 
iPfMfthAl of Ipswich, by attachment of three cows and two heifers, 
which were put into tilie hands of James Bill. 

lAvlogiapli. 



68 BALEM QUARTEBLT COURT [NoV. 

Giles Coree v. Thomas Flint. Non-performance of an agree- 
ment in building a sufficient leanto to a bam. Withdrawn.* 

Mr. Phillip Cromwell v. Susana Archard and Samuell Archard, 
administrators of the estate of Samuell Archard. Debt. Ver- 
dict for plaintiff. Court did not accept this verdict.t 

George Ropes v. Susana Archard and Samll. Archard, admin- 
istrators of tiie estate of Samuell Archard. Debt. Verdict for 
defendant. Court did not accept this verdict.} 

Jno. Bumum v. Mr. William Cogswell. Review of a case cast 
against him at the last Ipswich court. Verdict for defendant. 
Court did not accept this verdict.§ 

Agreement, dated May 11, 1663, between Phillip Fowler, sr., 
and Phillip (his mark) Bill of Jubaque, that said Fowler, in con- 
sideration of two young heifers delivered to Bill for a term of 
seven years, should receive at the end of that time, half the profit 
or increase, etc. Wit: Willm. White| and Deborah (her mark) 
Jackson. Acknowledged Nov. 21, 1668, before Daniel Denison.|| 

Philep Fouler's bill of cost, Hi. 2s. lOd. 

Phillip (his mark) Fowlerif of Ipswich, Nov. 3, 1668, gave 
letter of attorney to his grandchild Phillip Fowler, in his action 
against Phillip Bill of Pullen Poynte, "who lately lived heere in 
Ipswich." Wit: Nathaniell Browne] | and William Story. || 
Acknowledged, Nov. 23, 1663, before Daniel Denison.|| 

♦Writ, dated 16 : 9 : 1668, signed by Hillyard Veren,|| for the 
court, and served by Henery Skerry, || marshal of Salem, by attach- 
ment of land of defendant. 

tSamuell Archer's bill of cost. 

Writ, dated Sept. 29, 1668, signed by Robert Lord,|| for the 
court, and served by John Buttolph,|| constable of Salem. 

{Writ, dated Sept. 29, 1668, signed by Robert Lord,|| marshal 
of Salem, and served by John Buttolph,|| constable of Salem, by 
attachment of three acres and a half of salt marsh and upland of 
defendant. 

§Copies of record of Ipswich court, Sept. 29, 1668, also writ 
and depositions of John Bumam, Mary Bumam, jr., John Beare, 
Mr. Samuell Rogers, John Browne, sr., John Bumam, jr., Wm. 
Tomson, Robert Crose, sr., Robert Crose, jr., John Cogswell, 
William Buttler, James Colman, Edmond Marshall, Benjamin 
Marshall, made Nov. 11 and 12, 1668, by Robert Lord,|| cleric. 

John Bumam's bill of cost, 31i. 9s. 6d. 

Writ, dated Oct. 4, 1668, signed by Samuel Symonds,|| for the 
court, and served by Robert Lord,|| marshal of Ipswich. Bond 
of William Cogswell. || 

IIAutograph. fSeal. 



1668] BSC0RD8 AND FILBS 69 

John Bumam, aged eighteen years, and Mary Bumam, aged 
twenty years, deposed concerning the swine and the fence be- 
tween them and Wm. Cogswell. Goodman Haskall mentioned. 
Sworn, Nov. 20, 1668, before Daniel Denison.* 

Boberte Crosse, jr., aged twenty-six years, and Steephen Crose, 
deposed that th^ being requested to go with Mr. Willeam Cogs- 
wdl to take notice of the creek that divided the farms of John 
Bumom, sr. aad said Cogswell, found the creek below the bridge 
a hundred rods very mirey at low water, said creek generally 
being a rod across and two or three feet deep. They also found 
it three or four rods over at high water at the narrowest place be- 
low the bridge, and eight feet deep, so that a vessel of forty tons 
could come up to the bridge. They went an hundred rods above 
this bridge and found the creek at high water to be two rods over 
and at low water there were steep banks on both sides of the 
creek, also deep and mirey. They thrust in a rod pole eight or 
ten feet into the mire. Deponents considered this creek a suffi- 
cient fence against ordinary cattle, and they had lived nearby 
about sixteen years, etc. 

John Bumham, jr., deposed that he had gone over this creek 
several times with a team of oxen and cart, and that they had 
come from the saw mill place where they worked, to the town, 
unyoked over the creek between John Burnham's bridge and the 
saw mill. Sworn, Nov. 19, 1668, before Samuel S3rmonds.* 

John Andrews, jr., aged about twenty-two years, and Jeams 
Giddings, aged about twenty-seven years, deposed that they 
drove over the creek with oxen, etc. Sworn, Nov. 19, 1668, be- 
fore Daniel Denison.* 

William Story, aged about fifty-five years, deposed that the 
fence about CogsweU's barley was utterly insufficient, it being an 
old log f^ice and in many places trodden down to the ground. 
Sworn, Nov. 12, 1668, before Daniel Denison.* 

James Colman and William Butler, servants of William Cogs- 
well, deposed. Sworn, Nov. 17, 1668, before Samuel Symonds.* 

James Colman and John Cogswell deposed concerning the 
damage done in the barley on the southeast side of Jebaco river, 
etc. Sworn, Nov. 17, 1668, before Samuel Symonds.* 

John Andrews, ag^ about forty-eight years, deposed that the 
bottom of the creek was a hard and firm sand. Sworn, Nov. 12, 
1668, before Daniel Denison.* 

James Foord, aged about twenty-eight years, deposed that he 
lived many years at Mr. Waldoe's and at Jolm Bumam's, said 
Waldoe's land being that now owned by William Cogswell, and 
had driven over the creek with a cart and six oxen, etc. Sworn, 
Nov. 16, 1668 . before Daniel Denison.* 

John Cogswell, William Butler and Edward Cogswell, the 
youngest of which deponents was fourteen years and upward,, de- 

* Autograph. 



70 SALBM QUABTBBLT 00I7BT [NOY. 

Jno. Tod V. John Godfery. Debt. Of twenty beshda of 
wheat. Nonsuited.* 



poeed that the hogs were neither yoked nor ringed, etc. Sworn, 
Nov. 23, 1668, before Samuel Symond8.t 

WiUm. Nelson, aged about thirty-five years, deposed. Sworn, 
Nov. 20, 1668, before Daniel Denison.t 

William Butler deposed that he lived with Goodman Bill on a 
farm which adjoins the creek, and he never saw any of his master 
Bill's cattle nor Cornelius Waldo's, who lived then on the same 
farm, nor his master William Cogswell's cattle, who now owns the 
farm, etc. Sworn, Nov. 17, 1668, before Samuel S3rmonds.t 

William Haskall, sr., aged forty-eight years, deposed. 

Renald Foster, jr., testified that he was appraising the harm 
done by Mr. William Cogswell's horses, etc. Sworn, Nov. 19, 
1668, before Daniel Denison.t 

John Bare, aged twenty-one years, deposed that when his mas- 
ter Waldo had this land, etc. 

Thomas Bumam, sr., aged about fifty years, deposed that he 
rode over the creek many times wh^i he was building the saw 
mill, etc. Sworn, Nov. 19, 1668, before Samuel Symond3.t 

William Haskill, aged forty-eight years, and John Bare, aged 
twenty years, deposed that any kind of cattle could go over the 
creek, etc. 

John Bumame, aged eighteen years, and Mary Bumame, aged 
twenty years, deposed. Sworn, Nov. 20, 1668, heiore Daniel 
DeDison.t 

Mary Bumame deposed that when she was milking, etc. Swonii 
Nov. 20, 1668, before Daniel Denison.t 

John Andrews, aged about twenty-two years, deposed that 
when he came from his imcle Cross's, etc. Sworn, Nov. 19, 1668, 
before Daniel Denison.t 

Thomas Bumum, aged about twenty-five years, deposed that 
bdng at work at the saw mill, etc. Sworn, Nov. 19, 1668, before 
Daniel Denison.t 

Goodman Braybroock deposed. Sworn, Nov. 17, 1668, b^re 
Samuel Symonds.t 

♦Writ: John Todd of Rowley v. John Godfrey; debt of twenty 
bushels of wheat, which by order of said Todd, defendant had 
received of John Dow, and was to pay at Mr. Robert Pains by 
John Cheeney, sr., of Newbury; dated Oct. 23, 1668; signed l^ 
Tho. Leaver,t for the court; and served by Henery Skerry,t 
marshal of Salem by attachment of wheat and Indian com in tiie 
sheaf of defendant's. 

tAntoipnph. 



1668] BECdBDS AND BILES 71 

Jno. Tod V. Jno. Godfery. Slander. Verdict for plainti£f. 
Court did not accqpt this verdict.* 

Thomas Flint, son and heir of Thomas Flint, in behalf Of 
himself and the rest of his brethren and sister v. John Soth^dc, 
late husband of the executrix of Thomas Flint's estate. With- 
drawn.t 

Jno. Godfery v. Phillip Bill. Debt. Of thirty-four bushels of 
wheat. Verdict for plaintiff.^ 

John Godfery v. George Hadly. Forfeiture of a bond. Ver- 
dict for plaintiff.§ 

♦Writ, dated Oct. 23, 1668, signed by Tho. Leaver, f for the 
court, and served by Henery Skerry, K marshal of Salem. Bond 
of John (his mark) Godfrey. 

John Tod's bill of cost, lli. ISs. 6d. 

John Dresser, aged about sixty-one years, deposed that about 
the beginning of July, 1667, findmg John Pickani and John God- 
frey d^coursing, he heard Godfrey affirm that ''J. T." was a 
cheating knave. Deponent told him he might as well say John 
Tod. Sworn, Nov. 2^, 1668, before Samuel Symonds.t 

John Pickard, aged about forty-seven years, deposed that he 
asked John Godfrey why he dealt so hardly with John Tod when 
he was attorney for him against Goodman Niccols. He answered 
lliat Tod was a deceitful fellow and that he was forty pounds 
worse off for him that day. Whereupon deponent's neighbor 
Dresor came to them, etc. Sworn in court. 

tWrit: Thomas Flint, sr., heir to Thomas Flint in his own be- 
half and that of the rest of his brethren and sister v. Jno. South- 
erick of Salem; for withholding the estate of said Flint left with 
his widow at his decease to be given by her to his children, as by 
his will appears in land, com, cattle, household stuff and tools to 
the value of 2951i. as per inventory proved at the last Ipswich 
court, a great part of which estate said Southerick was possessed 
of a little while after he was married to the said widow Flint; 
dated Oct. 11, 1668; signed by Simon Brad8treete,1[ assistant. 

tWrit, dated Nov. 7, 1668, signed by Hillyard Veren,1[ for the 
court, and served by Henery Skerry, f marshal of Salem, by 
attachment of an iron pot, pot hooks and three pewter platters 
of PhiUip BiU's of Pullmg Point. 

Bond of Phillip (his mark) Bill|| of Ipswich to John Godfery 
of Newbery, dated May 1, 1667, for thirty-four bushels of wheat 
to be paid at the house of Phillip Fouler in Ipswich where God- 
fery then dwelt, etc. Wit: Darkes Veren^f and Hillyard Veren.1f 

§Writ, dated 10 : 9 : 1668, signed by Hillyard Veren,1[ for the 
eourt, and served by Henery Skerry, f marshal of Salem, by 

fAnto^nph. ||Seal. 



72 BALElf QUARTERLY COURT [NoV. 

Jno. Godfery v. William Prichard. Debt. In wheat and com. 
Verdict for plaintiff.* 

attachment of the f eanne houses and land of Gorge Hadle of 
Ipswich. 

Bond of Georg Hadlyt of Rowly to John Godfry of Andover, 
dated Mar. 25, 1661, for 441i. is., upon condition that there 
should be no mortgage or conveyance made upon any part of said 
Hadly's land, except that wluch had been already made to 
Thomas Dickeson of Rowly until the same be paid. Wit: Rich- 
ard Littlehalet and Mary Littlehale.t 

Abraham Perkins deposed in the year 1665 he heard Goodman 
Hadly tender John Godfree the cattle to be appraised and told 
him to choose his own appraisers, but Godfree refused and would 
have had them at his own price. Sworn, Nov. 19, 1668, before 
Samud Symonds.f 

Copy of deed, dated Mar. 20, 1664-5, George Hadley of Row- 
ley conveyed to Abraham Perkms of Rowley, for 16211. 15s., IM 
acres of upland, seven and one half acres of which were bounded 
on the north by the great river, commonly called Merimack river, 
east by the country highway, south by land of said George Had- 
ley, a^d west by land of Benjamin Kimball's; nineteen acres of 
said land bounded on the north by the coimtry highway, east by 
land of Robert Haselltines, south by a great white oak, west by 
land of said Hadley and the country highway, etc. ; the remainder 
was boimded on the northeast by land of Robert Hazeltine and 
Benjamine Kimball, southeast by said Kimball, southwest by 
Hadley and northwest by the highway three rods wide; also eight 
acres bounded on the east by Hadley, west by John Hazletine 
and John Griffing; all of which land was laid out and measured 
by Joseph Davis and John Carlton, both of Haverill. Wit: 
John Carlton and Jose Davis. Acknowledged 20 : 4 : 1665, be- 
fore Symon Bradstreete. Copy made July 2, 1666, from the 
record of lands for Essex at Ipswich, second book, folio 245 and 
246, by Robert Lord,t recorder. 

John Godfreys bill of charges, Hi. 14s. Gorge Hadlock mentioned. 

Jeremiah Belcher, sr., deposed that being at Haverell several 
years since, he went with John Godfry to Hadlye's house and 
when the latter said he had no wheat to pay Godfrey, but offered 
oxen and cows to be appraised as wheat at 4s. per bushel. God- 
fry refused to accept them. Sworn, Nov. 19, 1668, before Samuel 

Symonds.t 

♦Writ, dated 16 : 8 : 1668, signed by Hillyard Veren,t for the 
coiut, and served by Henery Skerry,t marshal of Salem, by 
attachment of house and land of defendant. 

John Godfre's bill of charges. Hi. 3s. 

t Autograph. t Autograph and seal. 



1668] RECORDS AND FILES 73 

Mr. Peeter Duncan of Gloster was licensed to still strong 
waters, having r^pect to the law. 

Erasmus James was sworn constable for Marblehead, and 
Danyell Gott for Wenham. 

Mr. William Browne, sr. v. Mr. James Oliver. Non-payment 
of half of thirty pounds of salt delivered to said Oliver out of Mr. 
JeflFery's ship. Withdrawn.* 

Mr. Will. Browne, sr. v. Peeter Joy. Debt. Verdict for plain- 

tiff.t 
Mr. William Browne, sr. v. Thomas Pitnam. Debt. For 

salt. Verdict for plaintiff.^ 

Mr. William Browne, sr. v. Tho. Tuck. Debt. Verdict for 
plaintiff.§ 

Josiah Cobham and Mary, his wife, eldest daughter of Richard 
Haifefld v. Tho. White. Verdict for defendant, if Haifeild's will 
were legal; if not, they found for the Honrd. bench to make an 
equal division of the estate. Court found the will l^al. Ap- 
p^ed to the next CTourt of Assistants. 

James Moulton, being attached by Thomas Fisk, and not 
prosecuting, allowed costs. 

Jno. Flint, son of Thomas Flint, chose William Flint, his uncle, 
to be his guardian, and it was allowed by the court. 

Court allowed about 61i. 13s. 4d. to Salem for encouragement 

Bond of William Prichet|| of Ipswich to John Godfry of New- 
bury, dated May 25, 1665, for 41i., to be paid in wheat and Indian 
com at the dwelling house of Phillip Fowler in Ipswich. Wit: 
John Ayre,|| Thomas Kimball|| and Robert Lord.|| Sworn to by 
Robert Lord, Nov. 13, 1668, before Daniel Denison.|| 

*Writ, dated Nov. 18, 1668, for salt delivered out of Mr. 
Jeflfere's ship in 1658 by Georg Corwin, signed by Jonath. Negus, 1 1 
for the court, and served by Retume Wayte, | [deputy marshal ot 
Suffolk^ Bond of James Oliver. || 

tWrit, dated 17 : 9 : 1668, signed by Hillyard Veren,|| for 
the court, and served by Henery Skerry, || marshal of Salem, by 
attachment of two chests of defendant. 

JWrit, dated 12 : 9 : 1668, signed by Hillyard Veren,|| for the 
coiut, and served by Henery Skerry, || marshal of Salem. Bond 
of Thomas (his mark) Pitman. 

§Writ, dated 12 : 9 : 1668, signed by Hillyard Veren,|| for the 
court, and served by Henery Skerry, || marshal of Salem, by 
attachment of house and land of defendant. 

IIAntognph. 



74 SALEM QUABTEBLT COUBT [NoV. 

in building a bridge over Ipswich river, the new way between 
Salem and Andover and a way to be obtained through Joseph 
Holt's field, which sum was to be paid out of the county rate. 
It was further ordered that the whole highway from Andover to 
Salem be sufficiently made before the next Salem court, upon 
penalty of lOli. 

Administration upon the estate of PhilUp Knight, was granted 
to the wife Margery, who brought in an inventory* amountmg 
to 1061i. 18s. Court ordered to the eldest son, 201i., and lOli. 
each to Phillip, Rebeca, Elizabeth and Mary, at age or at mar- 
riage, and the widow was bound for the children's portions. 

Benjamin Browne made oath in court that the account of 
Peeter Joy upon his father's book was a true account and that 
said Joy signed in his presence. 

Nathaniell Hadlock owned in court that he had been at the 
Quaker's meeting three times and also that he refused to assist 
the constable. Said Nathaniell being complained of to this court 
for saying he profitted more by going to the Quaker's meeting 
than he did by hearing John Higgeson, and that the Governor 
was as guilty in shedding innocent blood of the Quakers as Susana 
Cravet was in murdering her child, he was admonished for going 
to Quaker's meetings, fined 40s. for refusing to assist the con- 
stable, ordered to be severely whipped for his other heinous of- 
fences and bound to good behavior during the pleasure of the 
court-t 

^Inventory of the estate of Phillipe Knight, taken by John 
Putnamt and Thomas Fuller^: Two cows, 81i.; two oxen, 141i.; 
two steres, 91i.; two young cattle, 41i.; one mare, 51i.; five swine, 
51i.; feather bed with the furniture, 91i.; puter, 15s.; wereing 
clothes, 41i.; wooding lumber, 61i.; Beefe & porcke, 21i.; Irron 
were, Sli. 16s.; Brasse were, 21i. 12s.; Indian Come, 61i.; Rie A 
Barley, 21i.; hoopes, 31i.; hempe & flax, 31i.; Cotton woole, 21i.; 
two bc^ds & furniture, 51i.; five pare of shetes, Sli. lOs.; three 
pare of pillowbyes, 15s. ; table cloth & napkines, lli. ; five sackes 
& winno shette, lli.; new Cloth & one Wallett, lli. lOs.; total, 
1061i. 18s. There were five children: Jonathan, aged 26 years; 
Phillep, aged 23 years; Rebeca, aged 17 years; Edza, a^ 13 
years; Mary, aged 11 years. 

fConfession of Nathnell Hadlok:t '^I desear to fall down befor 
your worship" f ^ ft am hartyly sowry that euer I should be so 

}Aatograpb. 



1668] SEC0BD8 AND FILES 75 

Capt. Marshall had his former license renewed. 

Silvester Eavely had his former license renewed for the ensuing 
year. 

Tho. Coldum, Samll. Fraile, Bobt. Driver, Samll. Tarbox, 
Jno. Witt, Jno. Fuller, Jno. Tarbox and Hen. Roads complained 
to the court that they were much burdened by the maintenance of 
unequal parts of fence belonging to a general field at hyim, of 
which they are proprietors, and could have no full redress from 
their selectmen. Court ordered the selectmen of hyim to divide 
the fence as the law required.* 

wickid to defam the eminent sarvants of Christ namly the hon- 
nored governor and reverant M' higinson which hath ben causles- 
ly for I neuer had reson so to spc^e I hope I shall neuer be so 
carles in my words any more but trust that this my wicked mis- 
carige shall caus me to mome all my days and shall by the help 
of god be so warned by this that I neuer shall do so againe — he 
ple»ed to exsept of my humbell confession which may intamat thus 
much that it hath not y^ is aledged against me prosedad out of 
predgidec for I hop if need requiar I should be willing to spend 
my Uf for your saks and acording to the word of god I hope I 
shall liue for tim to cum thus beging your prayars I Ly att your 
marcy acknoledging that my ofences so haynes that I cannot 
exspect any f auor but humly Intreet as is trew I am a pore rashe 
nnfull retch may god geue me a sight of my sin." 

Danell Rumble, aged about sixty-eight years, and William 
Cortis, aged about thirtynseven years, deposed that Nathaniell 
Hadlock, being at Goodman Rumbls' house, etc. Sworn in 
court. 

^Thomas (his mark) Coldum, Sammuell Frayll,t Roberd (his 
mark) Drivar, Joseph Redknap,t Samuell Tarbox,t John (his 
mark) Tarbox, Henery Rhodes,f Jacob Knight,t John Wittf and 
John Fulla',t all of Lyn, complained as follows: "Haueing land 
ly in comon in a generall feild some more & some lesse for these 
many years could neuer agree to alott out a Just proportion of 
fence suteable to each persons intrest & haueing made seueraJl 
complaints to o' selectmen for seuerall years past, we haue yet 
BO redress (though some easment we haue had) but such of us 
whose lands lye next the out side are burdened & others that lye 
within som lands fence not at all & others fence nothing suteable 
to what wee doe that lye upon the out side, which wee feare maye 
ocation many sutes at law, as there is one depending before the 
worshipfull Majo' Hathome, whom we question not but may giue 
this Honored Court further light in the cause, o' lands lye seuerall 

fAuUifniplu 



76 SALEM QUABTEBLT COUBT [NoV. 

Mr. Joseph Grafton, Hen. Bartholmew, George Gardner and 
Sainuell Gardner, administrators of the estate of Samll. Moulton, 
brought in an inventory amounting to about 201i. with debts of 
about 41i. 8s. Ck)urt ordered them to sell the land, 120 acres, to 
the best advantage, and after the debts were paid to make an 
equal division to the brothers and sisters, payable at the age of 
21 years or marriage. 

Complaints having been brought in against Robert Cross, 
Steephen Cross, Benjamin Marshall on one part, and Thomas 
Wells on the other part, for many slanderous, reproachful and 
threatening speeches, partly against the court and members and 
partly against the persons of some of the worshipful magistrates, 
Bud it being proved, they were fined and bound to good behavior. 
Thomas Wells and Rainold Foster bound. Steephen and Robert 
Cross bound. Benjamin Marshall and Richard Brabrook 
boimd.* 

lotts deep & within the upland ther is a great quantity of sault 
medow that did neuer fence but little or none, the feild is comonly 
called the great neck or m' Needams & Redknaps neck now C 
humble request imto this Honored Court is that o' cause maybe 
considered of and some course thought of that o' burdens may be 
•eased; that lands that lye within us boath upland & medow maye 
help us on the out side fence, for we humbly aprehend that the 
salt medow being of more worth and bringing forth more yearly 
cleer profitt then most of o' upland should be at as much charg 
in the out side fence." 

♦Petition of Thomas Low, jr.f, Martha (her mark) Low, 
Thomas Vamy,t Jacob Perkins,t Sarah Perkins,t Adward (his 
mark) Bradg, Elesabath (her mark) Bradg, John Bumum, jr.,t 
Goodman (his mark) Procktor, Jolm Newmarcke,t Thomas (his 
mark) Bumum, Weluame (his mark) Stori, Sera Store,t Wellum 
(his mark) HaskoU, Mari (her mark) Haskell, Hanah Perkinsf and 
Renold Foster,jr.,t in behalf of their beloved neighbors, Thomas 
Wels and his wife : '^ We are much greened and troubled that such 
things should bee laied to theire charge as is reported for we 
oiu^elus haue had knowledg of them this three yeers about two 
yeers and half they liued about to miels from us somtiems falling 
into their company we neuer foimd nor imderstood ainy thing in 
their speeches or behauior but that which was good and Chris- 
tian lieke, and euer sence last Apriell they haue liued amonghst 
us and very conversant in our f amelies and many tiems goeing to 
meeting on the lords day and other days ther for we haid much 

tAutograph. 



1668] RECORDS AND FILES 77 

oppertunity to see or desem such a spirite in hime to speake 
i^r that maner as he is accused; but we haue found quite the 
contrary, constantly in his discours being apt to spake or meake 
ocatione to discourse of religon and the best things; and all this 
whiel we neuer hard our selus nor by any of his neighbors wher 
they lined befoer did wee euer heer such a report till that he 
assaied to joyn the church wher he had reedy acceptance then 
tiiey attached hime to the courte wher they accused him w^ 
soer and hard things wher upon the honoured coiut gaue Judg- 
ment accordiug to euidence and this our Neighbor wels speake 
well and Justified the coiut in ther proseedinge and euer sence 
hath Justified the court when he waer discoursing of that Judg- 
ment pased against hime self in court and ther foer it seems very 
strange to us that thes our beloued Neighbors should be accused 
of such things." 

Robert Crosse, sr., being complained of to Samuel Symonds^ 
for reproaching Major Generall Denison, gave bond, Nov. 13, 
1668, for appearance. 

Petition, dated Nov. 24, 1668, of George Geddii^e,* John 
Andrewes,* John Giddinge,* William Goodhue,* Willwm Ck^s- 
well,* Thomas Vaamy,* Samuel Ingals,* Willam (his mark) 
Nellson, and his wife, Willam (his mark) Durgy, and his wife, 
Willam (his mark) Haskell, William (his mark) Fellowes, Robert 
Crosse, sr.,* and his wife, Roberte Crosse, jr.,* and his wife and 
Steeuen Crosse:* They asked the clemency of the court in behidf 
of B^ijamen Marshall, their neighbor at Chobacco, ''amoung 
whom he hath lined for y* most part from y* 8 : or 9 yeare of his 
eage till now; and knowing the tempor and condistions of y* 
young man Ins Cariag bouth in words and actions w* whome he 
hath had any Sosiety: ^ the good Commendation giuen of him by 
Seuerall in whoes families he hath lined, to be an orderly person 
of quiete Disposision, not giuen to bare anger or a sperit of 
Beuenge in labor Dilligent, Dutifull to his parents as they a 
afferme; . . . Thomas wels hath often spoke in his commenda- 
tion to many of us his neighbors; that he was as good a Con- 
dison^ felow as euer he would desier to haue w^ him, and he 
would giue him better wages then any one he knew; this the 
sayd thomas hath spoken sence the time that he sayes Benjamen 
spoke those words That he accueses him w^ . . . now sence the 
court heild at Ipswitch his Brother Benjamen being called there 
to wittnes in a case Depending bettwene Goodman Brabroock 
and him Goodman wels hath giuem out threttning words against 
both his Brothers both Edmund and Benjamen as mil apere by 
euidence," etc. 

Warrant, dated Nov. 13, 1668, to Thomas Wells, ship carpen- 
ter, for reproaching the court at Ipswich, signed by Samuel 
Symonds.* Bond of Thomas Wells, Reginald Foster, surety. 

*AiitogTaph« 



78 SALEM QUABTEBLT OOTTBT [NoV. 



Warrant, dated Nov. 16, 1668, to Benjamin Marshall, for 
misdemeanors, also to witnesses, Stephen Crosse, John Bayer, 
and Robert Crosse, jr., signed by Samuel .S3rmonds.* Bond of 
Benjamin Marshall, Richard Brabrooke, surety. 

Steeven Crosse,* Benieman Marshall* and John (his mark) 
Bayer, testified that Thomas Welles commonly spoke of the court 
and magistrates, '^y* o' Coartes at Ipswich was all one the Inqui- 
shon howse in spayen: when a man is onse brought into Coarte 
thofe: hee knowes not for what: he had as g^xl be hanged: 
thof what the inquisition house is wee know not: therfore leaue 
it to be Judged by them y^ vnderstand it & that ould Brandstreet 
was a worse yousorror thai Godforey & vapporing a bout won- 
dring what became of all the fines: he answers him seUEe: why 
they ceepe it to by sack with all: and lete Cases goe which way 
they will: they cayer not so Longue as they can feast ther fat 
gotes," etc. 

Roberte Crosse, jr.,* and John (his mark) Bayer testified that 
Welles also said he ''can set spelles & Rases the Diuell, hee 
afFerming him selfe to bee an artise." 

Thomas Wells, aged about forty-two years, and Naomi, his 
wife, aged about tlmty-one years, testified that Goodnmn Cros 
said ''the magar daneson wose desgraced in thee Corte at boston 
bee Cose hee saied to the Cort Con saming mestres loue that 
they had Condemned and hanged a omen and y^ know not for 
whote for wich the members of boston Corte gaue him a shaipe 
reeproufe and the magager daneson wos not reespected in the 
Corte of boston and goodman Cros saied that thare Came more 
appells from epsches Corte than ani toune in the Contri and that 
som of boston told him that wee in the estame parts Cap him in 
place or ofes or alls hee had bene tomed out of place beefore now 
and the semen that beelonged to ore Caches saied that Goodman 
Croce told them that his sons ware sate in the stocks and poneshed 
for nothing and hee told us that the magar Cold not abide him 
and tharf ore I fare the wos in the Corte and my sons also ware 
poneshed for a matar of nothing." Sworn, Nov. 18, 1668, before 
Samuel Symonds.* 

Robert Crose, jr., aged twenty-seven years, deposed. Sworn 
in court. 

Thomas Wells deposed that Goodman Cros said that "mestor 
bradsted wos the ondoing of a man at watertone wich wos of a 
grat estate and of good acont wich went in good apariell and 
selcke stockings and thay had dellings to gather and mestor 
brodsted sued him from Corte to Corte ... till he had on dun 
him and made him so poore that hee brot him from selcke that 
he wore that he had insted tharof nothing bout pached Clothes 
aad Stockings out at the hels and that mestor brodsted wos as 
bad as one godfree in veseri, wich ore ansar wos to him whot that 

^Aatograph. 



1668] BSCOBDS AND FILES 79 

godfree wos wich ansor wos made to us that hee wos a ell lockt 
falo and that hee wos a grat uesoror and if hee Came bee fore a 
gogee his locks [w]old hang him and the Cort Consedred the man 
so on don the Cort gaue him a som of moni for to halp him 
mestar brodstred Cam to heare of it tock it a way from him and 
so hee saruess him ... I ded not know mestar brodsted nor to 
this day nafter know or see godfree and naf er had dellings with 
mestar brodsted," eto. Sworn, Nov. 18, 1668, before Samuel 
Symonds.* They further deposed that Marshall said that Major 
Denison was deceitful as his two sorts of hair showed and that 
Goodman Andros was like him, and on a training day he would 
be knocked down and none should know how it came to pass. 

Thomas Wells and wife Naomi confessed that the reason they 
revealed the things spoken against the court at Epscheth was 
because they thought they consemed the life of the Common- 
weath. /'It has ben the plesuer of god to vesit my wife with 
secknes near unto deth and other trobells wich I nafer wos tried 
with all bee fore wich mad us bee twene or salfe to Consedor 
what the mind of god should bee in it and it pout us in mind 
that the rafrent magistrats ware spocken a gansto and thratned 
wich in des Corce wee both know in the presenc of god and his 
pepell wee both Can afarme thos things spocken against the 
magistrates by thos pursons then our Conchences smot us seuerUe 
and heare in wee haue senned aganste god and his pepell bee 
Case wee had not reuellied it Sonor then wee saied thow wee 
haue liueed in thes naglate and not to reuell it wee Can find no 
rule in Skriptuer that wee Shale line ani longor tharin and wee 
hard of a ganarall training to bee at epsche intended and mit 
bee a fet opertuniti as to dow so as som haue saied for Crist sase 
hee that loueth father or mother more then mee is not worthi of 
mee and wee apprehend thes to bee the Case of Crist and wee had 
now rast in our Conchances nite nor day till wee had reuelled 
thos thing? thar fore wee Commend or seluess to god and to the 
onred Cort for wee had rather sofer w^ a good Conchenc than 
not to sofor with a accused Conchance," ete. 

Steephen Crosse, aged about twenty-three years, deposed that 
the day when Jacobe Perkens' house was raised, about a month 
agp, Thomas Wells said that Bengemon Marshall should be put 
to service for seven years, eto. Sworn in court. 

Thomas Wells further testified that Bengment Marshall said 
that Goodman Brags presented these young men for breaking up 
"Uie bridge and being vexed with him said that it should not be 
kmg before his house should be burned or his cattle knocked in 
the head, and that he had come from old Goodman Grose's 
when he said so. Sworn, Nov. 18, 1668, before Samuel Symonds.* 

John Giddinge and Edmon Marshall deposed that bemg at 

* Autograph. 



80 SALEM QUABTEBLT COURT [NoV. 

Goodman Stony's house, etc. Sworn, Nov. 23, 1668, before 
Samuel Symonds.* 

Richard Brandbrooke, aged fifty-five years, deposed that Welles 
said he would give his brother Benjamin Marshall more wages if 
he would live with him again and that Merchant Booship advised 
it; this was after the vessel was launched. Sworn in court. 

Robert Crosse, sr., aged about fifty-five years, deposed. Sworn 
in court. 

Marthy Low, aged about twenty-seven years, deposed concern- 
ing John Bare. 

Sarah Marshal, aged about twenty years, deposed. Sworn, 
Nov. 21, 1668, before Daniel Denison.* 

Sarah Story, aged about forty-eight years, deposed, Nov. 23, 
1668, that Robert Cross, jr., lived near Goodman Wells a year 
and his dealings had always been just. 

Thomas Wells further deposed that Stefen Cros said that the 
magistrates sat between the court at dinner drinking burnt sack 
and when they came into court they were "broshing," looking 
red as though they were "flustred," and acted as though they 
were all "fodeeled." To which his father replied that it was the 
fines they took that fed their fat sides, and the father said further 
that ''I looked so bige and spack so sorlie" that he made the 
Court quake, etc. Sworn, Nov. 18, 1668, before Samuel 
Symonds.* 

Ezekiel Woodward testified that he had known Wells seventeen 
or eighteen years and he had carried himself soberly and dis- 
creetly and without offence; and was reputed a civil, neighborly 
man in the place where he lived. Sarah Foster testified to his 
good conduct, having lived very near him. Sworn, Nov. 21, 
1668, before Daniel Denison.* 

John Bayer and Bengemmon Marshall testified that last April, 
coming down from the Falls with brother Welles, when they 
passed Goodman Brandbroock's, Welles wiped his feet upon some 
sheets that were hanging upon the rails, etc. Sworn in court. 

Goodman Bryadbrooke deposed that he asked John Bayer 
"why did you dortie yo* Anttes sheet," but he said that Thomas 
Welles did it, whereupon deponent went to Welles and "axed 
him was this a requitall y* you gaue me for lenden you my Canew?" 
etc. Bayer mentioned his master Crose. Sworn in court. 

Edmmon Marshall, aged twenty-three years, deposed that 
Wells said he had nothing against Benjamin and proffered friend- 
ship to them before deponent's father and mother. He wished 
to see Benjamin and asked to have him "Com & reckon with me 
but not before my wiffe for it is verie like shee would Rayele at 
him but you must Considor: shee is but a wooman & therfore 
not Come to the howse when I am not at home." Sworn in court. 

Thomas Clungen, aged about twenty-four years, deposed that 

* Aatograph. 



1668] RECORDS AND FILEB 81 

Robert Croe, jr., was at his master's house and his dame asked 
him if he saw any miscarriage of her husband's and he said he 
had not, etc. 

John Bayer deposed. Sworn in court. 

Sarah Story deposed that Goodwife Brabruck said John Baer 
used language not fit to be spoken in a family, etc. 

Mc^tabell Brabrooke, aged about sixteen or seventeen years, 
deposed. Sworn, Nov. 19, 1668, before Samuel Symonds.* 

Edmund Marshall, aged about seventy years, and his wife 
Melesent, aged sixtynseven years, deposed ''As for my son 
Benjamen we neuer knew him giuen to Mallis or Reuenge in all 
oure lines: nor to spake reprochfully of Maggestrets or of any 
other: and as for Goodman Crosse we haue lined by him many 
years and neuer hard him spake ill of athoritie or against any 
Magistret, but as for oure Daughter Nahomie we doe think in 
oure verie harts that sartainely in her hart she hates her Brothers 
both Edmund and Benjamen though we spake it with greife of 
hart, for she would offen reuile Benjamen and call him Roge 
before our faces when we could neuer find what grounds she had 
so to do or hard anie cause he had giuen her in words or actions; 
and when we reproued her for it, she would face us doime it was 
false giuinge us the lye as it ware to oure faces, whare apon I 
tould her &at I had bin in y* church of Salem 30 years and up- 
ward and neuer was so detected as your father and I am by you 
oure one child, whare apon she replyd againe to ous saying we 
might tell a hundred lies for all that and nare be knowne, for she 
ooidd doe it, and being long sick and in y* opinion of most y* 
cam to visit me Judged I should neuer recouer, yet she could say 
in a reuileing way that I ded desemble, and fordther we atest 
that Thomas Wels did say in a threttning way that thare was 
somthing aworking that would tak afect not long after we hard 
of his acuessing of our son Benjamen to goodman Brag for thrett- 
ning his house should be burned and his Complant of him con- 
saming our honored Major, which is matter of greatt grefe to ua 
now in oure ould age, whether it be not out of a sperett of 
malistiousnes that Thomas wels should doe thus, we haue cause 
to think noe other, by reason of his words to his brother Edmimd 
at my house one Saboth day: for coming in we aske him to eat 
with us, but Thomas wels answered noe for if I cant haue youre* 
good will except I be a saruant to y* Deuill I care not: to the 
which his mother replyed and asked him whether he knew what 
he sayd: and he answered yea; because you perswad me to be 
at peace w^ him whome I can haue noe peace with pointing to 
his brother Edmimd ; we asked why he said soe, he sayd he had 
conunitted noe sin in so doeing; this we are forst to spake w^ 
greefe of hart, our conshance puts us apon it, ferdther when he 
Drew our daughter Sarah away from helping of me when I was 

* Autograph. 



82 8ALSM QUAAXERLT COURT [Nov. 

Samuel Hunt, John Leigh, mr., and Joseph Leigh, complained of 
for breach of the peace, were fined and bound to good behavior, 
Samuel Hunt and John Bumum, sr., bound. John Leigh, sr., 
Joseph Leigh and John How bound.* 

in destresB and lame, for we sayd to him that he would undoe 
her but he sayd trouble not your «elues I will prouide for her, so 
that she is gon from us and left us desolate of help: and now can 
call her Brothers Edmund and Benjamen Roges at will." Sworn 
Nov. 19, 1668, before Samuel Symonds.t 

RobCTt Crosse, sr., Steephen Grose and Bengemon Marshall 
deposed that the wife of Thomas Welles said after court in 
Mr. Giddnes kitchen tibat Edmond had witnessed falsely, etc. 
Sworn in court. 

Edmimd Marshall deposed that Welles said that although 
Stephen Oose was a turbalent fellow, he never heard him speak 
ill <^ authority, etc. 

Thomas Bragg, aged about twenty years, deposed that Good- 
man Brabruck said at Chebaco that Welles was a very honest 
maA, etc. 

^Warrant, dated Nov. 2, 1668, to John Leigh, sr., and Joseph 
Leigh, "to be here b^ore sune rising this morping because I 
must hasten to the genrall Court," on complaint of Samuel Hunt, 
who go^ in fear of his life, and to witnesses Thomas Waite, jr., 
Samuel Younglove and Martha Gilbert; signed by Samuel 
SymoiKlB,t f<Hr the court; served by SamueU Hunt, d^uty for 
llieophflus Wilson,t constable oi Ipswich. 

Samuel Synumdst rrferred the case to the Salepn. court. 

Copy of record of sdeotmen's me^ingr Apr. 11, 1667, appoint- 
ing Aiithony Potter to keep a flock of sheep in town from Apr. 12 
till the middle of November, at 7s, per week, he to have his big- 
gest boy always following them and carefuJJiy to lodge them. 
Also agreement an Mar. 24, 1667-8^ to keep the flock, allowing 
him 166. more for his other boy a numth. Copies madci Nov. 2, 
1668, by Robert Lord,t cleric. 

Anthony Potter, aged about forty years, deposed that among 
the sheep were some of John Leigh's, who desired to fold them 
on his land, and deponent ordered his son to take them there at 
night. Samuel Hunt had asked for them to lodge before, but did 
not mention any particular time. Sworn, Nov. 12, 1668, before 

Daniel Denison.! 

Nathaniel B;u8s, aged about tw^xty-eight years, deposed that 
Joseph Lei|^ told Samuel Hunt that he would agree to the decia^ 
ion of two indifferait men or magistrates, but he said he was not 
such a fool. Sworn, Nov. 24, 1668, before Samuel Symonds.f 

fAatograph. 



1668} BBC0BD3 AND HUBS 83 

liddiia Bumam/ ag^ about twenty-four years, testified that 
when young John Lee and Goodman Hunt were ' Vording it" about 
the sheep, Joseph Lee came up the lane to said Hunt with a club 
in his hand as laige as a swingle, and told him to stand aside or 
he would knock him down. Hunt said he had as good a right 
there as he and took Lee by the collar,. and tripp^ up his heels. 
Thomas Waite,.ir., testified the same. Sworn, Nov. 23, 1668, 
before Samuel Symonds.* 

Thomas Knoulten, aged about twenty-seven years, deposed 
that he told Hunt that he heard he had pulled the hair from 
Joseph Lei^'s head, which Hunt owned, and seukl had it not been 
for tiie old man, he would have pulled them all out. Sworn, 
Nov. 2a, 1668, b^ore Daniel Denison.* 

Martha Gilbert deposed that she saw the fight^ and when Hunt 
had Joseph Lea down, old Goodman Lea came up with a pitch- 
fork which had but one tine, and struck Hunt two blows. Had 
young John Lea not interfered, he wouM have kSled Hunt, and 
she saw the Uood run down Hunt's bead. Sworn, Nov. 23, 
1668, before Samuel Symonds.'*' 

John Leigh, jr., aged about twenty-four years and Edmund 
Potter, aged about fourteen years, deposed. Sworn, Nov. 19, 
1668, before Daniel Denison.* 

Jeremiah More, aged about nineteen years, dqx)Bed concern* 
ing the ''hubub/' Sworn, Nov. 24, 1668, before Samuel 
Symonds.* 

Jofm Pottar^ aged about sbcteen years, deposed that he heard 
Goodman Redings desire deponent's father to let his son Hunt 
have tiie sheep, etc. Sworn before Daniel Denison.* 

Nati^aniell Browne,* ased about seventeen years, deposed that 
he kept the sheep the Sabbath day before this contest, and when 
he broyght home the flock, they went up the lane to Goodman 
Hunt's house. The latter stood at the gate and Joseph Lee told 
him, that he would have the sheep that night because he woyld 
take out the Major's sheep.. So he had them peaceably at his 
r^uesrt. Sworn, Nov. 27, 1668, before Samuel Symonds.* 

• S^ Ayres,* aged about thirty-four years, Liddia Bumam* 
apd.Tnomas Waighl,* aged skteen years, deposed. Swom, Nov, 
23, 1668j before Samuel Symonds.* 

Jeremiah Moer deposed that before the fight he saw Hunt, his 
wife and maid and. Goodman Reading stopping the sheep, and 
Hunt striking at the sheep with a stick and Reading with his hat, 
etc. Sworn, Nov. 17, 1668, before Daniel Denison.* 

Liddia Binnam,* aged about twenty-four years, and Thomas 
Waight,* aged about seventeen years, deposed that on that 
Wednesday night. Hunt came to their house, etc. Sworn, Nov. 
23, 1668, before Samuel Symonds.* 

*Aiil«cra^ 



84 SALEM QUARTERLT COURT [NoV. 

William Reeves was cleared by proclamation from his bond for 
good behavior. 

Georg Early acknowledged judgment to Phillip Cromwell and 
Capt. Walter Price. 

Steephen Haskett, being bound over to this court by the Wor- 
shipful Major William Hathome concerning the accusation of 
Susana Craford of his being the father of the child she murdered, 
confessed fornication and was fined lOli., to be paid to the mar- 
shal or Mr. John Gedney's content, and also to be bound to good 
behavior. Anthony Ashby and Steephen Haskett bound.* 

Hester Craford, for fornication with John Wedg, as she con- 
fessed, was ordered to be severely whipped and that security be 
given to save the town from the charge of keeping the child. 
Mordecaie Craford bound. The judgment of her being whipped 
was respitted for a month or six weeks after birth of the child, 
and it was left to the Worshipful Major William Hathome to see 
it executed on a lecture day.f 

There being a bill of charges upon Joshua Turland given in to 
court by Theophilus Wilson, constable of Ipswich, it was allowed, 

Thomas Knoulten, aged about twenty-seven years, deposed 
that Nathaniell Browne was driving the hinderpiui; of the flock 
near about Samuel Eirs' house, etc. Sworn, Nov. ^, 1668, 
before Daniel Denison.^ 

John Leigh, jr., aged about twenty-four years, deposed. Sworn, 
Nov. 24, 1668, before Samuel Symonds.| 

Samuell Ayres,t aged about forty-five years, deposed. Sworn, 
Nov. 23, 1668, before Samuel Symonds.| 

Martha Gilbert,! aged about nineteen years, deposed that 
Goodman Hunt went to Thomas Bumam's house, etc. Sworn, 
Nov. 23, 1668, before Samuel Symonds.| 

James Foliar, aged about twenty-two years, and Susana 
Foliar, aged about nineteen years, deposed that Sammuel Hunt 
said at their mother's house, etc. Sworn, Nov. 24, 1668, before 
Samuel Symonds.| 

Esiah Wood, aged forty-one years, deposed. Sworn, Nov. 23, 
1668, before Samuel Symonds.| 

*Sunmions, dated 27 : 9 : 1668, to Thomas Robbins on com- 
plaint against him concerning Susana Craford, and to witnesses, 
Mrs. Dorithy Cromwell, Giles Lee and Mordecaie Craford in a 
case concerning Steephen Hasket and Susana Craford, signed by 
EQllyard Veren,t cleric. 

fSalem presentment. She was daughter of Mordecai Crafford. 

} Autograph. 



1668] BBCORDB AND FILES 85 

and was ordered to be paid by the inhabitants of Bass river side 
belonging to Salem. 

William Reeves was enjoined by the court, upon penalty of 
lOli., not to keep company with Susana Durin, either public or 
private. 

George Emorye's presentment was referred to the Worshipful 
Major Hathome to return to the next session of this court.* 

Following are those who had their licenses renewed for the 
flfigiiing year: Mr. William Browne, sr., Capt. George Corwin, 
Capt. WaltOT Price, Mr. Hen. Bartholmew, Mr. Edmond Batter, 
Mr. John Gidn^r, Mr. William Woodcock and John Procter. 

Mr. William Walton dying intestate, Elizabeth Walton, the 
widow, brought in an inventory! and was appointed administra- 
trix of the estate. The house and land in Marblehead were to be 
held for security. 

*Thomas Rix| deposed that on the 23d of this instant month 
he saw Mr. Eknery much disguised in drink. 

George Corwin,^ aged 3- years, deposed cm Nov. 25, 1668, that 
on the 23d Majer Hathom and himself standing at his door ''see 
mr. George Emory com in the street staggering Like a drunkeing 



Jno. Croadet deposed that he "did see doct' Emery at m' 
Ruckes howse neer about sun set & in my apprehention was dis- 
guised w^ drinke by his speech & gate." 

tDebts of Mr. William Waltun: To Mr. Gorge Corwin, 81i. 
146. 8d.; to Mr. Willam Browne, sr., lOli. 12s. Id.; to Mr. Moses 
Mavericke, 731i. Is. 4d.; to Mr. Samuell Ward, 121i. 7s.; to 
Mr. Phellep Cromwell, 21i. 128. 9d.; to Mr. Walter Price, lli. 
15e.; to Dockter Checkaren, lli. 4s.; to Mestress Woodcock, 81i.; 
to Willam Huet, lli. 12s.; to James Denes, 8s.; total, 1201i. 6s. 
lOd. Due from the town, 391i. 

Inventory of the estate of Mr. William Waltun of Marblehead, 
lately deceased, taken Nov. 23, 1668, by John Peach, sr.,t and 
Samll. Ward:t Dwelling house with a garden & orchard, 1201i.; 
parceU of land bounded with Mr. Mavericks land on y* one side 
& Rich. Rowlands land on the other side, with an old bam, 801i.; 
lOli. in the first purchase in ye farme neere the towne, 201i.; 2 
Cowes pastoridge in the towne Commons, lOli.; 2 heifers at 61i., 
1 Cow at 41i., lOli.; his Library Viewed by Mr. Higginson and 
Mr. Hale, 201i.; 1 bed and bedsted, 51i.; 2 fetherbeds, 71i.; 4 
pewter platters, 166. ; 3 small old dishes, 3s. ; 4 Candlesticks, 8s. ; 
1 paire of Andirons, 12s.; 1 Spitt, 1 paire tongs, 1 Crooke, 7s.; 

{Autograph. 



86 SALEM QtJARTERLT GOUBT [NoT. 

John Blevin was admonished upon ins presentment for pro- 
faning the Sabbath by working upon his land.* 

Tho. Picktonf and Daniell Sahnon| were fined for excessive 
drinking. 
Daniell Salmon was fined for excessive drinking.§ 
Jacob Knights was fined for striking Joshua Roads. || 
Jacob Knight, Ephraim Hall, Jasper Griffin and Peeter Jetddns, 
for profaning the Lord's day by laboring about brick, were fined, f 
Mr. William Norton was fined for being drunk.** 
Phillip Welles was fined for breach of the peace, ft 

1 Chamber pott, 1 idrinking pott, ^.; 1 silver bowle ^ 1 salt- 
seller, 31i.; 2 potts being defective, 12b.; 1 table Oloth; 6s. iidif 
napkins, 6s., 12s. 6d.; 2 stills, lli. Ss.; 1 Gun, lli.; 2 tabled, 1 
forme, lU. 6s.; 1 trunke, 5s.; wearing Clothes,. vik; 2 Glb^i^, 
1 Coate, 1 paire Stockings, 1 old paire breeches & 1 old chiblett, 
61i.; total, 287U. 10s. 6d., 

*Salem presentment. Wit : Samuel) ^Bbome and his wife, and 
Maxy Concline. ^ . / * 

fSalem presentment. Wit: John Backstor and his wife Ab^;all. 

^jynn presentment. For being drunk in the hou6e of Johxi 
Hathom. Writ: Thomas Howard and Samudtt Johnson. 

Robert Page, living at Bo^tone, was presented from Lynn for 
setting sail from Nahant in his boat^hich was laden with wood 
there, profaning the Lord's day. Wit: Hen. Ally and MMn 
Lambet. 

§Thomas Howard and Samuell Janson testified that being in 
John Hatiiome's house in Lin sometime in February they saw 
Daniell Samon distempered in drink and as they found tum in 
that house, so they left him. Sworn in court. 

IJLynn presentment. Joehuah Rhodes was son of Hendry 
Rhodes, and was struck by a brick. Wit: Samuell Rhodes, 
Joseph Rhodes and John Rainsden. 

John Graves was presented from Lynn for profaning the Lord's 
day by laboring about brick. Wit: Aquillah Ramsden and 
Hiomas Moris. 

John Cob was presented from Marbell Head for retailing strong 
waters and other liquors without license. Wit: William Wood- 
cocke and Josiah Browne. 

fWit: Samuell Rhodes, Joseph Rhodes and John Ramsden. 

**Wenham presentment. William Norton was of Ipseck. 
Wit: John Dodge, son of William Dodge of Bas river, and John 
Carpenter, servant of Mr. Newman. 

tfWenham presentment. Phillip Welles of Ipsich, and Irish^ 
man, was presented for breach of the peace, striking John Abbe, 



1668] KECORDS AND FILES 87 

Samuell Shattock, John Blevin, Josiah Sothwick and Joshua 
Buffum^ for absence from public worship of God on the Lord'b 
days, were fined or to suffer one month's imprisonment. They 
were committed to prison. 

John Maston, wife of Ldt. Gardner, wife of Samuell Shattock, 
John Kitchin, wife of Joshua Buffmn, wife of Samuell Gaskin, 
Daniell Sothwick, wife of Robert Stone, Michaell Shaflin, John 
Binrton, sr., and the widow Pope were fined or to suffer one 
month's imprisonment. Security taken for their fines.* "Upon 
theire owne cost & charge and old goodwii buffum. Robert 
Stone convicted.''t 



jr., with his.fist> blows upon his face with much violence. Wit: 
Samuell Abbe and John Denis of Wenham. 

*Also John Maston, sr., wife of George Gardner, wife of 
Robart BuflSne, wife of Josiah Sutherick, Samuell Gaskin, John 
South, jand his wife, wife of Danell Suthericke, Robert Stone, 
wife ol Mr. Thomas Gardener, sr., wife of Antony Nedham. 
Simomons, dated, 8:7: 1668, signed by Hillyard Veren,! cleric, 
and returned by Jon. Buttolph,| constable of Salem. 

IVes^tments, dated June 30, 1668, signed by Jefferie Massey,! 
for the rest of the grand jury. 

Lewise Ellfox, servant of Mr. Richard Hubard of Ipsich, pre- 
sented from Wenham, for cursing Danell Cunne. Wit: John 
Warner of Ipsich and Marke Bacheller. 

Sollomon, ''y* Malata Jue" of Bostome, presented from Wen- 
ham, for profaning the Lord's day travelling through Wenham 
on his journey toward Puscatqua. 

Smnmons, dated 8:7: 1668, to Peeter Joy, for opening the 
soap house of Steeven Basket, cursing, swearing, etc., and to 
Thomas Chub, jr., Benjamin Morgain and Isaack Read, for abus- 
ing the watch and disorder by dancing and singing in Salem to 
the disturbance of several neighbors, and witnesses, Zebulon Hill, 
William Foland, John Williams and Henry Colebome, signed by 
EQllyard Veren,t cleric, and served by Jon. Buttolph,^ constable 
of Salem. 

Henry Colburen| deposed that ''I was sot from my house att 
10 of y* Clock at night to git Peeter Joye frome a bord of ye 
barke fore hee woos over gone in drinke and howe he got into ye 
Cabin I Can not teell for when wee went a shore the Cabin wose 
Locked and I pareswadid him to goe home and he soore that hee 
would not as yet." Sworn in court held by Maj. Hathome, 
21 : 7 : 1668, per order of the last Salem court. 

tOn the mjurgin. {Autograph. 



88 SALEM QUABTERLT COUBT [Jan. 

Edward Brage was allowed a bill of 7s. to be paid by the county 
treasurer. 

Georg Stanley and his wife, for fornication before marriage, 
were fined.* 

Mr. George Emorye was fined by Maj. Hathom for being 
drunk the second timcf 

The servants of Mr. Gidney's house were allowed seven shillings. 

Mr. Browne's maid was allowed eighteen pence. 

Court adjourned to the third Tuesday in January next, being 
the 26th day, and "in case that morning proue such weather as 
is not convenyent to trauell then the 3^ daye of the next weeke 
following." 

CoUBT HELD AT SaLEM, JaN. 26, 1668, BT ADJOUBNlfENT. 

Judges: Mr. Samuell Symonds, Major Danyell Denison and 
Major Wm. Hathome. 

The wife of Robert Wilson, presented for frequently absenting 
herself from the public ordinances, was dismissed, court being 
informed ''y* she is distempered in her head." 

Thomas Wilkins and wife Hannah were fined for fornication 
before marriage. 

James Traverse, presented for taking away a plough of Anthony 
Day and the irons, etc., was fined.t 

Zabulon Hill deposed that he saw Peter Joy in the soap house 
of Steven Hascute in the evening, and afterward in the night he 
found him on the bark overtaken in drink, etc. Sworn in court. 

*Beverly presentment. Wit: Left. William Dixe and John 
Rayment. Her maiden name was Bethya Lovett. 

fSalem presentment. 

tGloster presentment. This happened the same night Antony 
Dayes garden was broken up and most of the fruits spoiled. 
Wit: Mr. HarLackington Simons, Antony Daye, Thomas Daye 
and John Perse, jr. He was also presented for removing a land- 
mark between Thomas Millit, jr.'s and said Travirse. Wit: 
Thomas Millit, sr., and his wife, and John Perse, sr. 

Anthony Day deposed that the beginning of May last there 
was some difference between himself and James Travis about 
plowing land for him. He would not give deponent his price, 
and after some difference between said Travis and the wife and 
sons of said Day, the latter fetched away his team, both oxen 
and plow, and set his sons to work in his own field. At night 
deponent's sons, when about to leave work, seeing Travis go by 



1669] BEGOBDS AND FILES 89 

The wife of John Kitchin and John Smith, for frequent absent- 
ing themselves from the public worship of God on the Lord's 
days, were fined, and if they neglect or refuse to pay said fines 

and fearing he should do their tackling some mischief, brought all 
home to the end of their house. In the morning when deponent's 
sons went forth, they could not find their plow, and later found 
it in the field but the plow-irons were gone. Deponent was not 
at home but when he heard of it the next day, he desired Mr. Har- 
lackenden Symonds to go to Travis about the irons, but he 
would not let him know anything about them unless deponent 
would leave a pawn in his hand until he had plowed a day and a 
hi^ for him. Then he looked for them and gave Mr. Symonds 
to understand by the stamping of his foot where he might find 
them. This the deponent heard from his wife and sons, where- 
upon deponent told IVavis that he would sue him and later Travis 
Baked hun to put the matter to the determination of friends, and 
deponent yielded so far as it concerned him in point of trespass 
and damage. Sworn, Nov. 23, 1668, before Samuel Symonds.* 

Herlackenden Symonds, aged about forty years, deposed that 
Goodman Day's wife asked him to go to Goodman Perse's house 
to see if they knew where James Travis was the night before, 
and he was informed that Travis was out late that night and 
said Perse was in bed before he came home. Further Travis told 
deponent that he would look for the plow-irons if he would bring 
ax gViillingg in bacon, etc. Deponent and Travis went with Jno. 
Pearce, jr. to look for the irons, spending some hours, and at last 
deponent was angry with him for losing time, so he went with 
deponent near the place called ''powles." Travis being angry 
stamped upon a rock, near which was a hole, and deponent felt 
there and found the plow-irons. Sworn, Nov. 23, 1668, before 
Samuel Symonds.* 

Thomas Day, aged about seventeen years, deposed concerning 
his father's team, etc. Also, the same night that his father's 
irons were gone, their garden fence was down and cattle in there, 
and the posts pulled out of the groimd, to the value of ten shil- 
lings' damage. Sworn, Nov. 23, 1668, before Samuel Symonds.* 

Thomas Millet, sr., and his wife Mary Millet deposed that 
though tiiey could not prove that James Travis removed the 
bound mark of the land between Travis and Millet, yet they were 
"vehemently suspitious." Because his father-in-law John Perce 
cluage Travis with it and he replied that they might look long 
enoi:^ for the bound stones; also because Travis told deponent 
that the bound stones should not stand unless he had the setting 
of them. Sworn in court. 

^Avlogniph. 



M aAiJBM QVASermBLt coubt (Ja^. 

within one month, they were to be sent to the goal at Ipswich, 
there to remain for one whole month.* 

Capt. James Smith^f Nicholas Decaine,t Andrew E3iot,t 
John Lambertt ^^d Edward Humber^f presented for living from 
their wives, were dismissed after satisfying the comt that they 
had endeavored to send for them and expected them shoHly. 

Thomas Oliver and his wife, for fighting each with the other, 
were fined or to be whipped ten stripes if pajnnent be not made 
in one month next following.§ 

The wife of Josiah Sothwick, Daoiell Sothwick, Samuell Gaddn 
and the wife of Anthony Needham, not appearing to answer to 
their several presentments^ were ordered to appear at tlie next 
Salem court. 

William CBrter,t Bobert Peek,t Rowland Bc^yns|>m7l[, aad 
Thomas Windsor,! presented for living from their wives, contcaiy 
to law, were ordered to go to them before the next Salem cotiH 
imder penaU^ of 201i. each, or give satisfaction why they do not go. 

Samnell Arebard, presented for selling cider by tli^e quart, waa 



I f fc ■ > ■ « 4i*«i^— ^»l— ^M*«<fc— ..»— y^M^ 



John Perce,|l on 23 : 9 : 1668, wtote from Qloster to the cburt 
that be was miable to appear on account of lameness knd that his 
wife was also very lame^ etc . . 

"^Smnmons, dated 8:7: 1668, to John Kitchin and his wife to 
appear before Maj. Williaili Hathome at the house of John 6ed- 
ney^ sr., for absence from meeting, signed by Hillsrard Yeren,!! 
clenc, and returned by Hen. RenolIs|| and John Putnam, || con- 
stables of Salem. 

Hen. Renols, constable, deposed that Reuben Guppy, jr., 
refused to go with a hue and cry. Sworn, 15 : 7 : 1668, in Maj. 
Hathome's comt. 

fMarblehead presentments. Wit: Ambros Gale, jr., Mr. 
Moses Maverek and Liftenant Samuell Ward. 

tSalem presentment. Wit: Walter Price, Geo. Kezar and 
Corporall John Pickering. 

JBeverly presentments. Wit: Liftenant William Dixee and 
John Ra3rment, jr. 

§Mary (her mark) Ropes, aged about fifty years, deposed that 
she had several times been called to her neighbor Thomas Olsrver's, 
by himself, but mostly by his wife, to hear their complaints one 
of the other, and they both acknowledged that they had been 
fighting together. Further she saw Goodwife Olyver's face at 
one time bloody and at other times black and blue and that 
Ollyver complained that his wife had given him several blows. 

Salem presentment. Wit: Mr. Edmund Batter. 

II Autograph. 



1609] BSG0ED8 AND THIS 91 

acquitted, there being no evidence against him, and William 
Qzman, for not attending as a witness, was fined.* 

Joehuah CJodner, bdng accxised by Margaret Wayemouth that 
she was with child by him, which was denied by him, court ordered 
that Mrs. Cromwell, the midwife, with some other women, should 
examine said Margaret. Mrs. Dorothy Cromwell, Mrs. Browne, 
the wife of Thomas Cromwell and the wife of Isaack WiDiames, 
reported in the negative. Referred to the next Salem court, and 
Joshua Codner, Christopher Lattemore and Josiah Browne bound. 

John Home, sr.^ was granted license to sell st^rong water at 
retail for the ensuing year. 

Court ordered that if Nicholas Maning, Imsband of Eliza, late 

9 

wife and executrix of the estate of Robert Gray, take intb his 
hands SOli. that belonged to the children of deceased, as by the 
win which is in Mr. Jon. Browne's hands, together with what 
interest dourt agreed upon, said Mailing should, before the next 
Salem court, giVe sufficient security. 

Jon. Clemenee had his former license renewed for the ensuing 
year, if the court did not see cause to call it in b^ore. 

Mr. Eleaser Hathome was allowed a bill of charge which he 
waft out upon one Hancock, a prisoner, which was ordered to be 
paid by the county treasurer. 

John Buttolph was allowed a bill of 14s. 8d. to be paid by the 

oounty treasurer-t 

CapL George Corwin was allowed 20s. for charge about the 
fort at Marblehead by the court's order. 

^William (his mark) Qxman, aged about thirty-five yearsj 
deposed that upon Nov. 20, 1668| Samuell Archer sold cider by 
retail for two pence per quart, and on the 24th sold several quarts 
by the quart. On l£e last day, Mathew Dove was disguised with 
drink, as he confessed to deponent, and that he had his drink at 
Samuell Archer's. 

tBiU of court charges: Mar. 14, 1667-8, for canying a hue and 
cry to Lin by warrant of Samuell Dalton, 8s. ; Jime 22, 1668, for 
punishing Fransis Studle, for a watcher one night and carrying 
him to the next constable by warrant of Major Haithhom, 5s. 6d. 
for taking up three Indians, watchers and punishment by order 
df Major Haithhom, lis. 2d.; for a man to watch John Burdis 
one ni^t and one day, by order of Major Haithhom, Ss. 6d.; 
taking up John Laskin, 4s. 6d.; for a man to carry Joshuay Tar- 
land to the next constable, 2s. 6d.; total, lli. 12s. 2d., part of 
which was to be paid to John Buttolph. 



92 SALEM QUABTEBLT COUBT [Jao. 

• 

Nathaniell Putnam, complained of for neglecting his duty in 
attending his place, being clerk of the Troop under Capt. Corwin, 
for not executing warrants for the ley3ring of fines and not attend- 
ing the Troop upon some days of exercise, departing without 
leave of his Capt., especially refusing to watch in the military 
watch, for highly affronting and abusing the officers and the 
committee of militia of Salem by his words and actions in levy- 
ing a brake for a fine, was fined 201i. unless he at the head of the 
Troop on their next day of exercise, audibly publish the following 
<X)nfe8sion, and then also to pay the fine of fifty shillings: ''I 
Nathanyell Putnam doe acknowledg that in the mater of contro- 
versy about the millitary watch in Salem about a yeare & half e 
sence, I haue beene mistaken in my app'hensions w^ did leade 
me into seuerall errours, soe that I must confess (as has beene 
proued in C!ourt) som of my actings A speeches haue beene to 
highly provoaking & not sufferable & therefore doe desire the 
Gentlemen ofend^: viz: the comitte of malitia & the officers to 
f orgiue & desire that both my self e & others may caiy it to our 
superiours, for the future, more prudently, & without ofence."* 

^Petition to Capt. Corwin, dated Sallem, 10 : 3 : 1667, signed 
by Nath. Putnam,t John Putnam,t Joseph Huchinson,t Henery 
Keny,t John Wil]ans,t Jn. Hutchmsone,t and Nathaniell Ingar- 
son:t ''Sur after ouer saruis presented thes lines are to put you 
in mind of what haue bin ower former burding we meane in 
Respect of long & tiresum march which wee with one Concent 
was wilinge to be free from: Wee haueing obtained our desiers 
in that Respect haue with on hart as on man Chose Youer Selfe 
to be ouer head & Captin: in whos parson we tooke much delight 
A Contentment not thinkinge in the least but ower loue mig^t 
haue gained loue from ouer Captin againe: for which the Con- 
trary to vs doe appeare by Youer Conuaianc of vs in a worant 
mad ouer to Captin pric of y^ we haue a copie wharin we are 
Exposed to the Comand of a foot Sargant & soe from him to 
uthers as did apeare by his worant. 

"Also we haue Resaiued orders from ower Corporall in a wor- 
ant granted the 8^ of Jun which puteth vs in of a strickt Com- 
and giuen to the Corporall A; so to the soaldoge that thay should 
take good notic what wos the Expres word in there worant we 
haue pereused it as well as we may & knowe not the meaning of 
it when the law Expreseth but six daiee Exarsice A nothinge of 
the night nor Elavning which puteth vs to a stand what to doe 

fAatograph. 



1669] BECOBBS AND FILES 93 

Mr. Eleazer Hathome and Mr. Jonathan Corwin made oath in 
court that Nathaniell Putnam spoke the words about the brake 
and tew-taw in their hearing. Said Putnam owned in court that 
he did levy upon a brake or tew-taw in relation to his own fine; 
and also that he left the troop one day and went to Salem upon 
his own business, apprehending his Captain gave him leave. 

Henry Keny, complained of for highly abusing the committee 
and commanders and gentlemen of Salem, coming to demand a 
fine of him for his neglect of watching by answering that he had 
halters for them all, was fined, and was ordered to make acknowl- 
edgment at the head of the Troop the next day of exercise that 
he spoke '' foolishly & highly provoaking, for which he is sorry A 
desires the s* Gen* to pass it by." He owned in coiui; that in 
reply to Anthony Asby speaking to him of a brake, he said he 
had halters for them all. 

Inventory* of the estate of Timothy Robinson, amoimting to 
11411. 4s., clear estate, was allowed, and Mary, the widow, was 
appointed administratrix. She was ordered to pay to Timothy, 

Yower worant expreseing no sarvis considringe how Justly the 
Towne mi^t Rise Up against vs & deall w*'^ vs as meutieous parsons 
Cominge in to the Town soe armed at such imseasonable times in 
the ni^t Not haing Els we Rest Youres To same in all Reason- 
abl & lafull Comandes/' 

Nathaniell Putman, clerk of the Troop, under command of 
Capt. George Corwin was accused in especial manner for these 
two offences: ''1. For refuseing to watch in the military watch 
of Salem, though required thereunto: and this he continued 
dureing the whole Smnmer, which was an ill president in him 
(bemg an officer) unto other troopers. 2. For disobeying and 
Contempteously slighting his Capts Warrant: which appears in 
two respects, (1) that the warrant is not to this day executed: 
(2) that when some troopers were sent by their Cap* to be assist- 
ant unto him, he comes out of his house, and shows a brake or 
Tutow, saying, he would levy his fine upon that, and if it were 
well imployed in towne, thay would haue something else to doe 
then looke for fines besides these, his often absenting himselfe 
from the troope, and comeing and goeing without leaue." The 
complaint was made ''that it may be a pubUck wameing unto 
others, and Souldiers may hereafter leame, what obedience thay 
owe unto their Comanders in time of Seruis." 

*Inventory of the estate of Tymothy Robbinson, "Jo. Kitchins 
son in law," appraised June 29, 1668, by Thomas Robbins and 
Richard Croade: Wareing apparrell, lOU.; 1 feather bed, bed- 



M SALSH QITABTBBLT GOUBT (Jaa. 

the child of deceased, SOU. at the age of twenty-one years, and the 
rest of the estate to be for the use of the widow, the house and 
grounds to be security for the pa3rment of the child's portion. 
Edward Bra^^ was allowed a bill of chai^ge of 7s. to be paid by 
the Treasurer. 

steed & furniture, 16U. ; sheets, pUlowbeers & other lyning, 12Ii. ; 

1 Cubbard, 1 box & a chest, 3U.; 1 Small Table, 6 chaires & a 
little forme, 16s.; pewter ware, platters, dishes, spoons, &c., lli, 
10s.; 1 cubbard cloth, cushen & other things thereon, IH.; 1 
warmeing pan, 1 brass kettle & skillett, lli.; 1 Iron pott, pott 
hangers, fire shovell & tongs & bellows, IIL; 4 bush, of Indian A 

2 budi. of barly, 18s.; 1 grindstone & tooles belonging to his 
trade, 211 ; 1 Cowe & a pigg, 51i. ; his dwelling howse, shoj^ & 
groimd whereon it stands, SOU.; total, 134li. 4s. Debts owing, 
20U. 

Petition of Phillip Cromwell,* <x>nceming his inequality in the 
rates made in 1668, by the selectmen of Salem. Con^ared with 
Mr. Batter, who was taxed 8U. ISs,, said Cromwell's was 131i. 
128^ 6d, and he asked for redress at tlie haads of the court. On 
26 : 11 : 1668, court referred the matter to the next Salem court 
unless the parties agreed in the meantime. 

Execution, dated 25 : 11 : 1668, against Peeter Joy, to satisfy 
judgment granted Mr. William Browne, sr., at Salcsn courts 24 : 
9 : 1668, signed by Hillyard Veren,"^ clerio, and served by Heoiery 
Skerry,* marshal of Salem, who icoold not find said Joy, Init ordered 
MUiill Coomes not to carry him to sea imtil judgment was satis* 
fied, Which was done by said Coomes and Steven Hasket. 

Execution, dated* 23 : 12 : 1666, against Welleajxt Frichafd, 
to BAiAaSy judgment granted John Oodfery at Salem courts 24 : 
9 : 1668, signed by Hfflyard Veren,** cleric, and served by Henery 
Skerry,* marshal of Sal^n, by attac^imait of a oow and nine 
yiEtrds of cloth apprsdsed at 8s. per yard. 

Execution, dated 28 : 10 : 1668, against Mx. John Giffaixls, to 
satisfy judgment granted John Floyd, at Salem court, 24 : 9 : 
1668, signed by HiUyard Veren,* for the court, and served by 
Henery Skerry,* maishal of Ssdeioi; by attachment of a horse and 
sixteen hundred of sow and pig iron. 

Ebcecution, dated 5 : 10 : 1668, against Phillip Bill, to satisfy 
judgment granted PhiUip Fowler at Salem court, 24 : 9 : 1668, 
signed by Hillyard Veren,* for the court, and served by Henery 
Skerry,"^ marshal of Safem, by attachment of three oalves. 

Executi<m, dated 5 : 10 : 1668, against Phaiip Bill, to satisfy 
judgment granted John Oodfery at Salem court, 24 : 9 : 1668, 
signed by Hillyard Veren,* cleric, and served by Henery Skerty,* 
marshal of Salem, by attachment of two cows. 

*Aotograpl&. 



1669] BSOOBDB AND FILES OS 

Execution, dated 28 : 10 : 1668, against Mr. John Gi£fard, to 
satisfy judgment granted Daniell Huchens at Salem court, June 
30, 1668, signed by Hillyard Veren,* cleric, and served by Henery 
Skerry,* mai^hal of Salem. 

Execution, dated July 2, 16^ against Steephen Dring, to sat- 
isfy judgment granted Charles Tliurston at Salem court, June 30, 
1668, signed by Hillyard Veren,* for the court, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated 25 : 9 : 1668, gainst Daniell Huchens, to 
satisfy judgment granted Mr. John Giffards at Salem court, 30 : 
4 : 1668, signed by Hillyard Veren,* for the court, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated 18 : 10 : 1668, against William Whitterige, 
late deceased, to satisfy judgtnent granted Richard Braybrook 
at Salem court, 18 : 10 : 1668, signed by Hillyard Veren,* for the 
court, and served by Henery Skerry,* marshal of Salem. 

Execution, dated 23 : 12 : 1668, agabst Phillip Bill, to satisfy 
judgment granted Jo. Godfree at Salem court, 22 : 12 : 1668, 
signed by William Hathome,* assistant, and served by Henery 
Skerry,* marshal of Salem. 

Bill of presentments, dated 26 : 9 : 1668, signed by Walter 
Price,* for the rest of the grand jury. 

Newbury births, maxriages and deaths, returned by Anthony 
Somerby,* cleric. 
Jonathan Woodman and Hanna Hilton married July — [1668.] 
John Lunt and Mary Skirry married Nov. 19, 16[68.] 
John Noyes and Mary Poore married Nov. 23, 166[8,] 
Joshua Brown and Sara Sawyer married Jan. 15, 1688. 
Robert Homes and Esther- Mors married Jan. 25; 1668. 
John Wells and Mary Grenleafe married Mar. 5, 1668. 
Joseph, son of Joseph Coker, bom Apr. 9^ 1668* 
Tboxnasy son of Robert Bieedle^ bom Apr. 30, 1668, 
John, son of John Poore, jr., bom May 27, |.668. 
Jonathan, son of Joseph Plimier, bom Miay 13, 166$. 
John, son of John Kelly, bom June 17, 1668. 
Ijdia, daughter of Samuell Plumer, bom July 2, 1668. 
Samuel, son of Launcelot Granger, bom July 26, 166& 
Susanna, daughter of John Glading, bom Aug. 6, 1668. 
Richard, son of John Knight, jr., bom Aug. 21, 1668. 
Sarah, daughter of James Smith, bom S^pt. 12, 1668. 
Mary, daughter of John Kent) sr., bom Sept 10, 1668. 
John, son of John Smith, bom Sept. 14, 16138. 
Elizabeth, daughter of Israel Webster, bom Oct. 7, 1668. 
Elizabeth, daughter of Thomas Hale, jr., bom Oct. 16, 1668. 
ThomaSi son of Caleb Moody, bom Oct. 21, 1068. 
Thomas, son of J4^in Hale, bom Nov. 4, 1668. 

*A.iitogcmph. 



96 6ALEM QUARTEBLT COURT [Jan. 

John, son of John Kent, jr., bom Nov. 23, 1668. 

Elisha, son of Elisha Ilsly, born Nov 21, 1668. 

Sara, daughter of Abel Huse, bom Dec. 8, 1668. 

Richard, son of Percival Lowle, bom Dec. 25, 1668. 

Joseph, son of William Fanning, bom Jan. 1, 1668. 

John, son of John Cheny, bom Jan. 19, 1668. 

Benjamin, son of Daniel Perce, jr., bom Feb. 17, 1668. 

Ruth, daughter of Henry Tewxbury, bom Mar. 10, 1668. 

Elizabeth, wife of Israeli Webster, died Oct. 10, 1668. 

John, son of John Poore, jr., died Oct. 4, 1668. 

John, son of John Smith, died Oct. 24, 1668. 

Isaac, son of James Ordway, died Jan. 16, 1668. 

Andrew Grantham, servant to Francis Plumer, died Dec. 17, 
1668. 

Judith, daughter of John Barly, died Sept. 20, 1668. 

On reverse of foregoing paper: ''Of Decon Goodhue in consd. 
of 35 sould to Anthony Potter 18 acres boimded on Lift. Appleton 
toward the soutwest downe to myle brook|| as the fence runs|] 
the brooke haueing brook S. E. other Land of An. Potter N. W. 

Rowley births, 1668: — 
Timothy, son of John Tod, May 2. 
Joseph, son of Charls and Mary Brown, June 29. 
An, daughter of Andrew Hiden, June 22. 
John, son of Mr. Philip Nellson, June 30. 
Ezekell, son of Essekiell Jewit, July 24. 
Nathaniell, son of Anthony Crosbe, Sept. 27. 
Sarah, daughter of Thomas Remengton, Dec. 8. 
Hanah, daughter of John Wattson, Dec. 16. 
Jane, daughter of John Symonds, Mar. 15. 

Rowley marriages, 1668: — 
John Btdley, son of James, and Mary Mighell, daughter of 

Thomas, June 17. 
Samuel] Dresser, son of John, and Mary Leaver, daughter of 

Thomas, Dec. 9. 

Rowley deaths, 1668: — 
Richard, son of Richard Longhom, buried June 2. 
Richard, son of Richard Lighton, buried June 5. 
Thomas, son of Richard Longhom, buried July 11. 
Jaine Brocklbanke, widow, bmied Dec. 26. 
Richard Longhome biuied Feb. 13. 

Andover births, 1668: — 
John, son of Hugh and Hanna Stone, Nov. 24. 
Hanna, daughter of Christopher and Hanna Osgood, Oct. 19. 
Hanna, daughter of Andrew and Mary Foster, Ji3y 16. 
Ann, daughter of Steven and Elizabeth Johnson, Feb. 25. 



1069] RXOORDS AND FILES 97 

Hanna, daughter of Ralfe and Elizabeth Famum, Dec. 7. 
Sara, daughter of John and Debora Ruse, Feb. 3. 
Walter, son of Walter and Susanna Wright, Feb. 20. 
Thomas, son of William and Mary Chandler, Mar. 2. 

Andover deaths, 1668: — 
Dorathy, wife of Edmond Faulkner, Dec. 2. 
Philemon, son of William and Maiy Chandler, May 6. 
Sara, daughter of William and Mary Chandler, May 12. 

Warrant, dated May 24, 1668, to constable of Wenham, for the 
apprcdiension of Richard Button, Daniel Kelham, and James 
^ttis, to answer to a misdemeanor in disturbing the assembly on 
the Lord's day, also witnesses, Daniel Gott, John Fiske, Charles 
Gott and WilUam Rayner, signed by Daniel Denison.* 

William Rayner, aged about forty-five years, deposed that on 
the last Sabbath day, a fortnight since, after pubUc exercise was 
ended, the church was stayed about a matter referring to Sergeant 
White. And while they were about the business, Richard Button 
b^^m to speak, but tibe officer deputed on the matter replied 
''brother Butten I pray forbear." However, he would not. 
Daniell Killim also seconded him whereupon they were both de- 
sired to forbear and the pastor entreated silence, but Butten 
"Replyed to him A threw up his armes w^ greate voielanc I 
beseche you sir that should le^de vs unto truth, doe not lead vs 
into Er'." The constable came to said Killim and took him by 
the arm to take him out, but said Butten laid hold on his other 
arm and "Cryed out one & all take him & take vs all haveing 
one fist bent & set his teeth with greate vehemency & both Danell 
Killim & he sayd if we canot haue an opertunity to speake here 
we will haue one els where: But upon the Constable comeing to 
Daniell KiUem James Bettes came forth out of his seate w^ his 
fist up A cald out, feQow let him alone; he halii paid for his seate 
BM wdl as you A further saith w" y* people were com out of the 
meetting house Daniel Killim sayd com Constable I am Ridy to 
goe along w^ you now." 

Charles Gott, aged about thirty years, Daniell Gott, aged about 
twenty-four years, and James Molten, sr., aged about sixty-five 
years, deposed the same. 

Beniamin Felton,* Tho. Oliver,* Joeufh Miles,* Will. Dounten,* 
William Leake,* Thomas Rix,* Mathue Price,* John Baxter,^ 
Alister Macmillyon,* John Wedge,* John Bom,* and Edmond 
Counter,* a jury of inquest, reported on June 8, 1668 that ''by 
the providenc of god Josuah Rogers Came to an untimely end 
beeing Taken up dead on the shoore, . . . wee doe find that 
according to the best of our understanding that the said Josuah 
Rogers was drowned Going A borde A fishing Cach in A Burching 

^Autograph. 



9S SALEM QUABTEBLT COURT [Jan. 

Canuu Edward Callcotts & Ingen beeiog in the Canu with him 
doth informe vs that when hee entred in to the Canu that hee 
Layd downe on his side and beeing sum thinge in drinke not 
minHing the tickeUness of the Canow turn himself e and ouer sett 
the Canow." 

William Goodhue,* John Payne,* James Chute,* Theophilus 
Wilson,* Fr. Wainwri^t,* Thomas Harris,* William Buckly,* 
John Gaines,* William Hodgkins,* Edward Deare,* John Ed- 
wards,* and Thomas Newman, sr.,* jury of inquest, reported that 
"being Caled to view the body of Sarah Tayler, wife of Tobyas 
Tayler of Mallego Hand at the He of Showles, . . . inquiry of 
Butch as Came with her from her home, in other boates, the boate 
which the abouesaid Sarah was in struck upon Ipswich Barr & 
filld with water & so she was washt out & was drowned & so 
she was found floating upon the east end of Rumley marsh neere 
Russet Hands & was found by John Eyres, Jun' & t^en up by 
Nath. Tredwell, John Wainewright & Phill Fowler." Sworn, 
Feb. 27, 1667, before Daniel Denison.* 

Allestre Mackmallen, aged about thirty-five years, deposed 
that he heard Samuel Archer, sr., divers times say of late that he 
intended to build a house for his son Mathew Dove, ten feet stud, 
twenty-three feet long, and eighteen feet wide, which he intended 
to have done, if he had lived, the last winter. He would say 
often that it should be the first work he would go about and then 
he should have done building for his children. Also that said 
Mathew was to go with him into the woods to help cut the 
timber. 

John Massey, aged about thirty-seven years, deposed that he 
heard Samuel Archer, sr., say that when his son John Archer's 
house was finished, he would build one for Mathew Dove. 

Richard Hollingworth,* Joseph Phippen,* Joseph Hutchinson,* 
Edward Hillerd,* William Lake,* Samuell Williames,* John 
Massey,* John Robinson,* Henry Keny,* John West,* WiUiam 
Cash* and John Norman,* jury of inquest, on May 4, 1668, 
reported upon "the vntimely death of Edw. Yard," "that being 
Required by the Constable of Salem to view A corpes which was 
Found floating vppon the water In the North River Nere the bas 
Poynt which wee Conseve was drowned & soe throw his Long 
Continewance In the water was dismembered his heed being of 
& his hands & his body much putrified therby." Sworn, 30 : 4 : 
1668, before Hillyard Veren,* cleric. 

Samuell Harris and John Green, appointed to bury the corpse, 
were to be aUowed for their pains, and the former for about half 
a day's time more to inform and make it known. 

John Giffard* petitioned the court, Nov. 24, 1668, to command 
Danyell Hutchins to make acknowledgment, as ordered by the 
Salem court, in an action of slander of said Giffard's wife by said 

* Autograph. 



1669] BBGOBDS AKD FILB8 99 

Hutchins. Hutchins had refused to do so and said he would 
rather spend a hundred pounds. 

Robart Skampe, aged about forty years, deposed that upon the 
Lord's day in tiie morning, he saw a boat sailing in the harbor, 
and he was told that it was Nicolas Lash. 

"Topsfield ^19 : 12"«: 1663 here is the names of those that 
haue not payed to the Towne charges the Bulding the meeting 
house and ministers house and other Towne Charges," signed by 
John Grould,t in the name of the Selectmen: Mr. Endicoate, 
Govemer, 31i. 2s. 6d.; Mr. Bradstreete, 21i. 3s. 6d.; Mr. William 
Perkins, 2U. 9s. 4d.; Thomas Hobes, 31i. 3s.; Frances Bates, 8s. 
lOd.; John How, 15s.; Lucke Wakely 10s.; James Waters,^ 6s. 
8d.; Anthoone Carall, 15s.; Thomas Avery, 9s.; Bamuell 
Cutteler, 31i. 6d.; Mr. Charles Gote, Richard Kimball and 
Thomas Fiske, Base River men, 31i» 19s. ; Farmer Porter, 21i. 2s. 
6d.; Thomas Putnam, 7s. 6d.; Nathaniell Putnam, 10s.; John 
Putnam, 4s.; Goodman Blacke, sr., 28.; Mr. Hubard, 2s.; Rich- 
ard Kimball, 2s. 8d.; William Raiment, 2s.; Joseph Rootes, 2s.; 
Zaccheus Ciirtis, lli. 10s.; Robard Smith, lli.; Samuell Perely 
and Thomas, 21i. 10s.; John Poland, 2s. 

Petition to the court [probably Thomas Wells'] that he had 
never compared the honored magistrates to Godfree, and he had 
never paid a fine in his life when he questioned what became of 
them. Further they being strangers in Ipswich and the court of 
Ipswich strangers to them, old Goodman Cross tried to convince 
them that the magistrates took the fines, and as for setting a spell, 
raising the devil and being an artist at it, he utterly denied it, 
being as innocent of this charge as a child new bom, "but I does 
remember that I haue discourst with Sam of canngton and his 
wife which sufered for wiches: of docter Fostus and an other in 
Inland which could set a spell and other acts of witchcraft and 
al^ lamenting ther condition that had so sould them selues to 
ibe diuell," etc. 

Edward Brag ccnnplained of Benjamen Marshall for threaten* 
ing his house and cattle, etc. 

John Wainwright's'^ receipt, dated lies of Shooles, 17 : 9 : 1668, 
to Thomas Seavy, by his wife, for eight quintals of refuse fish on 
aooount of a mortgage, on account of his father Francis Wain- 
wright. 

Charges about Falls bridge in Newbury, Richard Dumer's 
account: For 260 foot of plaoJc & Carting them at 10s., lli. 12s.; 
for six dayes work at 3s., 18s.; Getting a string peice & Carting 
of it, lOs.; for 7 dayes work of an other hand, 17s. 6d.; for posts 
A railes, 3s.; for 2 tres 34 foot & half long, 10^.; my own attend* 
ance & drink, Ss.; 41i. ISs. 6d. John Pearson the same sum. 
For repairing the same bridge the last year by Thomas Thurlow 
and Joseph Goodridg, Ids. 

^Antognph. 



100 IPSWICH QUABTBBLT OOUBT [MaT. 

COXTBT HSLD AT IPSWICH, MaR. 30, 1669. 

Judges: Mr. Symon Bradstreet, Mr. Sam. Symonds, Major 
Genrll. Denison and Major Wm. ELathome. 

Jury of trials: Thomas Bishop, Tho. Hart, Dan. Warner, 
Sergt. Tho. Bumam, Walter Roper, Wm. Ilsly, Tho. Hale, Ben. 
Roafe, James Bayley, John Person, Abr. Jewett and Tho. Baker. 

Samuell Graves v. Tho. Lovell and his wife. Slander. With- 
drawn. 

Rich. Dole v. Thomas Mudgett. Debt. Verdict for plaintiff.* 

Richard Rowland'sf fines as constable of Marblehead, to John 
Haris, Owing Hendy, Vinson Wilson, Edward Homan, and 
Edward Forster. 

Thomas Morres, Aquilla Ramsdale, Samll. Rhoades and Joseph 
Rhoades were allowed witness fees in Jacob Knight's presentment, 
Peter Jynldn, Jesper GriflSn, Epheaim Ball and John Greaves' 
presentments mentioned. 

Samuell Artchard debtor lli. 6d. which he was to pay to Mas- 
ter Payne, treasurer. 

*Writ, dated Mar. 24, 1668-9, signed by Richard Currier.f for 
the court, and served by William Os8good,t constable of Salsbery, 
by attachment of land about defendant's house. 

Richard Dole's bill of cost, lli. lis. 5d. 

Bond of Thomas Mudgettf of Sallsbery, dated ^ov. 13, 1666, 
to Richard Dole of Newbery, for a debt of 401i., tQ be paid in 
white oak pipe staves. Wit: Samuell Plumerf and John 
Mighell.t 

William Osgood, sr., of Saullsbury, aged about sixty years, and 
Leiftennant Challis of Aymsbury, a^ about fifty-two years, 
deposed that on the 23d oi tins month Mr. Richard Dole, sr.. of 
Newbery told them that he had received 141L in money in lieu 
of 201i. m goods and was to receive the oth^ ten pounds in goods 
of Kemball. Sworn, Mar. 29, 1669, b^ore Robt. Pike,t cotnmis. 

Samuell Foot of Aymsbury, aged about thirty-two years, 
deposed that he was at Richaid Dole's house in Newbury and 
h^trd said Dole say that he had recieved of Mr. Clark at Boston, 
etc. Also he heard Dole tell John Francks that if he would pay 
him IIU. in goods out of a ^^dryfatt" of English goods which lay 
under an attachment in his house or bam. he would deliver them. 
Sworn, Mar. 29,^1669, before Robt. Pike,t commis. 

John Francks, aged about thirty-two years, deposed that hav- 
ing attached some goods on board A&. Foot's bark under pre- 
tence of being Thomas Mudgett's goods, etc. Sworn in court. 

Isaack Morrill of Saullsbury, aged about twenty-two 3rears, 

t4>utograph. 



1669] BEGORDB AND FILBS 101 

Wm. Lord v. John Home. Verdict for defendant.* 

deposed that Clarke charged Dole five pounds a piece for serge 
and four shillings a gallon for mm, etc. Sworn, 24 : 1 : 16^, 
before Robt. Pike,t commis. 

Richard Dole'sf receipt, dated July 1, 1668, for the use of 
Thomas Mudgett, 201i. by Thomas Clarke, late of Pl3rmoth. 
Wit: Tho. Clarke-f 

*Writ: William Lord v. John Home; trespass, for dwelling 
upon and possessing part of his land belonging to his houselot 
where he now dwelleth, upon pretence of a grant from the town 
or the selectmen of Salem which they had no power to do; dated 
Mar. 17, 1668-^; signed by Robert Lord,t for the court; and 
served by Henery Skerry ,t marshal of Salem, by attachment of 
house of defendant. Bond of John Hom.t 

Letter of attomey dated Mar. 22, 1668-9, William (his mark) 
Lord,t sr., of Salem to Robert Lord, sr., of Ipswich and John 
Pickard of Rowly. Wit: Hillyard Verenf and Richard OUver.f 

Agreement, dated 15 : 3 : 1660, between William Lord and the 
Selectmen of Salem, ''aboute some land aboute the meetinge 
house pt of the said Lords house lott f orm'ly which he y* said 
Lord saith was neuer yet payd for, wee the Select men doe in the 
name of the towne to satisfie the said Lord for all that pt of his 
house Lott wh was formerly layd to y* settinge of y* meetinge 
house vppon and all y* land y^ is now imfenced round aboute 
the meetinge house A what elce about his house or houses y* 
fyeth unf enced Conf erme to the sd Lord that land that is Graunt- 
ed to him uppon Condicon in the yeare 1638 16^ of 5^ moneth 
as also ten Acres of land to be layd out to him in some place 
aboute Thomas James farme & so towards M' Dowings farme: 
to demaund it some tyme within a twelue moneth or elce to be 
void: and this to be a full end and satisfacon for all his claymes 
as above and p'tnisses specified pvided this Intendeth none of the 
said Lords land between his house & the River." Wit: Henry 
Bartholmew. Copy made by Edmond Battei:.t 

Copy of Salem town records of 28 : 1 : 1636, made by Edm. 
Batter :t "Its agreed that Willm. Lord is to haue two Acre Lott 
as nere as may be amonge the ten acre lotts in Lieu of pt of his 
house lott that he hath given to the meetinge house. " 

Deed, dated 23 : 9 : 1635, John Woollcott§ of Salem ''haue 
Bartered and sould vnto William [Lord of Salem] all and euery 
part of my house and misteed in Salem (formerUe in the occupa- 
tion of m' RogC Williams, & from him by order from m" Higen- 
Bon sould vnto mee as by a quittance vnd' m' w™ hand doth 
appear) as also all the out hoiising, w^ 2 bedsteads Table formes 
& shelues in the foresaid dwelling house, w^^ all the Fences about 

t Autograph. {Seal. § Autograph and seal 



1Q2 IPSWICH auARiBBLT €X>UBT [Mar. 

it, or w* els ther vnto belonging vnto it. Also all the Interest 
ji^ Higenson of Charles Towne, A so myself , had or now haue 
in a Tenn Acre Lott of ground on the south eyd: For, & in Con- 
sideration of the some of Fifteene poimds Tenn shillinge to mee 
in hand paid, (according to an order of Arbiterm* nmd by m' 
Throckmorton, & John Woodbury, indifferentlie Chosen by vs 
both for that purpose)." Wit: Raph Fogg* and Elizabeth (her 
mark) Turner. 

Copy of Salem selectmen records, 15 : 3 : 1660, being present 
Mr. Will. Browne, Capt. Corwine, Mr. Roger Conant, Echn. 
Batter and Walter Price: "Its agreed by the Selectmen on« pt 
and Willm. Lord sen other pt, y* vppon a deference about some 
land about the meetinge house, pt of the sd Lords house Lott 
formly, wh he ye sd Lord saith was neuer || yet N paid for We doe 
in the name of the towne. To satisfie him for all that part of his 
house Lott wh was form'ly layd to the settinge of the Meeting 
house vx)on, and all the land y* is now vnfenced round about the 
meetinge house, and what else about his house or houses tha^t 
lyeth vnfenced 1. Conferme to him that Land that is graunted 
to him vx)on Condicon in the yeare 1638 16^ 5^^ 2 as also t^i 
Acres of Land to be laid out to him in some place aboute Thomas 
James f arme and soe toward M' Dowings f arme, to be demaunded 
some tyme within a twelue Moneth or else to be void, ^d this 
to be a full end & satisf aeon for all his Claimes as aboue in p'tnises 
specified pvided this Intendeth none of the sd Lords Land 
between his house and the Riuer." Wit: Henry Bartholmew. 
Copy made by Ed. Batter.* 

'' 18 : 9^ 1661. Att a gen'all Towne Meetinge Upon the 
Request of Jn^ Home for satisfacon for want of Land in his ten 
Acre Lott The town haue graunted him in the gutt between 
Willm Lord sen and Serge: Heliard Veren Us house ei^teen 
f oote broade and forty foot in lenth to be Layd out by the Select- 
men." Copy made by Edm. Batter.* 

Hemy Bartholmew, aged about sixty-two years, deposed. 
Sworn in court. 

John Glover, aged about thirty years, deposed that about 
eight or ten years ago, WiUiam Lord, sr., would haue agreed with 
him to clear ten acres of swamp and would have given him his 
two best oxen. He then told deponent that the town had given 
him this swamp for his land about the meeting house. Sworn, 
26 : 1 : 1669, b^ore Wm. Hathome,* assistant. 

Thomas Tucke deposed that William Lord's line ran from a 
pine tree by Woodbury's house joining to it and ran down to the 
river, and some asked him to have some of that land where 
Horn's house now stands. He went to the seven men about it 
and they told him it was Goodman Lord's land and they could 
not give it to him. Sworn in court. 

^Autograph. 



1660] BBCOBDB A2n> FILBS 108 

Ephraim Herick v. Susana Read. Slander. Verdict for 
plaintiff.* 

Mr. Roger Connatt deposed ''that the house lott of Wm. 
Lord was the out syde lott, and that it was layd up to the strete 
on the west syde which stret was layd out foure rod broade and 
bounded the sayd Wm. Lord his lott on the west syde vpon part 
of w^ sayd Lords lott the house standeth that John Home liveth 
in." Also that Lord had land at Forest river granted and laid 
out to him and some land to straighten his fence for Ss. per acre. 
Sworn in court. 

Jeffery Massy and Edmond Batter, both more than sixty years 
of age, deposed that they w«re at the laying out of the land to 
Willmm Ix>rd, sr., and he was satisfied. William Lord, jr., was 
also present. Sworn, 26 : 1 : 1669, before Wm. Ha^ome,t 
assistant. 

•Writ, dated 3 : 12 : 1668, signed by Hillyard Veren,t for the 
court, and served by John Hill,t deputy constable of Bass river side. 

Warrant, dated 11 : 12 : 1668, to Ephraim Herick and Susana 
Reed, upon complaint of imcleanness, also Mary Wood and 
Elizabeth Whithaire, as witnesses, signed by Wm. Hatiiome,t 
assistant. 

Susanah Read deposed concerning a criminal assault upon her 
by Ephraim Herrick when his wife was in Salem, she having been 
engaged to work for him during Indian harvest. Sworn, 2 : 12 :: 
1668, before Wm. Hathome,t assistant. 

Mary Woods deposed that about three years ago when Joseph 
Herreck was married, a company of them went from Richard 
Lechards to Efram Herreck's house, etc. She further deposed 
concerning the latter's lewd conduct toward her in the presence 
of four or five persons. Sworn, 27 : 1 : 1669, before Wm. 
Hathome,t assistant. 

Hemiery Herrick, aged about twenty-eight years, deposed that 
Ephraim Herrick often fell out with Susanna Read about her 
work, and Lydia, wife of Henry, deposed that Susanna said that 
said Herrick would not give her victuals and tobacco for her 
work, etc. Sworn before Wm. Hathome,t assistant. 

William Raymont, aged about thkty years, deposed that he 
heard Susanna Reade tell at the house of Anthony Woods the 
latter end of last December concerning the assaults by Herrick, 
and that at one time John Herrick was nearby in the field with 
them. Mary Woods, aged about twenty-six years, deposed the 
same. Sworn, 27 : 1 : 1669, before Wm. Hathome,t assistant. 

Elesebeth Whiteheare deposed that about three years ago she 
went to Herrick's house to wash with his wife, she rode with said 
Herrick, etc. Sworn in court. 

fAntograph. 



101 IPSWICH QUABTBBLT OOUBT [MftT. 

John Paine, agent and attorney to the feoffees of the free school 
of Ipswich V. Nathaniell Elithorp. For withholding the yearly 
rent of 10s. per annum. Special verdict found. Court found for 
the plaintiff. Appealed to the next Court of Assistants. 
Nathaniell Elithorp and John Pickard bound.* 

Thomas Wells v. Wm. Nellson. Slander. Verdict for 
plaintiff.t 

Elysabeth Herrick, aged about twenty years, deposed that 
being at Ephraim Herrick's house she heard Susanna Reede say 
that Richard Haines affronted Goodwife Balch, etc. Lidia, 
Herrick, aged about twenty-six years, deposed the same, and that 
Susanna later denied the story. Sworn in court. 

John Herricke, aged about nineteen years, deposed that 
Ephraim Herrick was with him all day, etc. Sworn in court. 

Zacreiah Hereck, aged about thirty years, deposed that he had 
heard Susana Read say, etc. Sworn in court. 

Elizabeth Herrick, a^ about twenty years, deposed that being 
at her brother Ephraim's house, etc. Sworn, 27 : 1 : 1600, b^ore 
Wm. Hathome,f assistant. 

*Writ: Mr. John Payne of Ipswich, agent or attorney of the 
feoffees of the free school at Ipswich v. Nathaniel Ellithorpe; for 
withholding the yearly rent, "whereas John Crosse, late <^ 
Ipswich did giue Ten Shillings to be paid yearly for ever towards 
the yearly stipend that then was to be settled in Ipswich afore- 
said for a free schoole for the payment whereof he did binde his 
farme in Ipswich," which rent was paid for three years, but since 
then has been refused upon demand; signed by Robert Lord,t for 
the court; and served by Robert Lord,t marshal of Ipswich. 

Nathaniel Elithorpe's bill of cost, Os. 6d. 

Verdict of the jury: they find a deed of gift, dated 6 : 10 : 1650, 
by John Crosse to the free school of Ipswich of 10s. per year for- 
ever, and there being fifteen years' rent due, they return a special 
verdict. 

John Paine's bill of costs. Hi; 2s. 8d. 

tWrit, dated Mar. 22, 1668, signed by Robert Lord,t for the 
court, and served by Thomas Cloagen,t deputy to Robert Lord,t 
marshal of Ipswich. 

Nathaniell Browne, aged about twenty-five years, deposed that 
Nellson said that Wells was a common liar, a cheating rogue, a 
rascal, a hypocrite, and a cheating knave, etc. Sworn in coiut. 

Seth Story, aged about twenty-one years, and William Story, 
aged about nineteen years, deposed. Sworn in court. 

John Bayer, aged twenty-two years, deposed that he heard 
Tho. Welles say in Salem court that he never knew t^e Worship- 

{ Autograph. 



1669] BBGOBDB AND FILBS 105 

Wm. Pritchett v. Thomas Dorman, constable of Topsfield. 
Trespass upon replevin of a cow distrained. Verdict for plain- 
tiff.* 



ful Mr. Braudstreet before he saw him at Ipswich court, and that 
when he and his brother Warener went to see Maygor Denisonne's 
farm which was beyond Averell, Welles said ''wee met with ould 
Braudstreet & my Brother Warenor: he crouched & congued to 
him: but I knew him well enofe: & for my parte: I neuer stor^ 
my hat to him: nor reuarant him more than I would an Indgan," 
etc. Sworn in court. 

Robert Wilkes, aged about twenty-four years, and Richard 
Miller, aged about twenty years, deposed concerning Welles' 
misdemeanors with his wife's sister Sarah. Sworn, 23 : 1 : 1668- 
9, before Wm. Hathomcf 

William Nelson, aged about thirty-three years, and John Bare, 
aged about twenty-two years, deposed that as they were going 
along liie highway with Goodman Weles, they began dashing 
water on each other, some of it falling on said Wells. He having 
his axe on his shoulder, came up to them and swore by God's 
wounds that he would split them down. Deponent said ''Whie 
will you be In such A pashon for so smale a matter to which he 
Answered that he would not suffor such an affrount frome no 
man no not from King Charles if he wase here but would tram- 
pcdl hem under my Foot." Sworn in court. 

*Writ of replevin, dated Mar. 22, 1668, signed by Robert 
Lord,t for the court, and served by John Perly,t deputy to 
Robert Lord,t marshal of Ipswich. 

Warrant, dated July 15, 1668, "To ye Constables of Topsfield. 
You are in his Majestyes Name by virtue of ye Generall Courts 

order req All togeather yo' severall Inhabitants some time in 

next who are to Choose some one of yo' fremen as a 

to Joyn w^^ yo' select men in Making a list of all ye Male psons 
in yo' town from 16 years old & upward who are to be assesed at 
20^ p head & an estimation of all psonall and reall estates w^ are 
to be putt at 1^ in ye pound, w*** being pfected according to Law 
is to be Carried to ye Meeting of ye Comisso's for yt Shire ye 
1«* 4*** Day of ye week in 7^ and thence to be transmitted to ye 
Country Treasu'," etc., signed by Richard Russell,t Treasurer. 

At a General Court held at Boston, 12 : 6 : 1646, "Forasmuch 
as tJiis Court hath formerly Graunted that there should be a 
Village ypon Ipswich Riuer at or neere a place Called the new 
meadowes & forasmuch as Certaine of the Inhabitants of 
Ipswich who haue farmes Improoved neare there vnto & do 
desire that a minister might be setled there to dispence the word 
to the present Inhabitants & such othe' as shall plant themselves 

t Autograph. 



106 IPSWICH QUABTBBLT OOUBT [Mtf. 

at the said Village whom yet notw^hstanding they are no wajrs 
able in any Comfortable manner to mainteine a minister & to 
defray other necessary charges of the place, If w^hall they should 
be liable to all other rates & publicke charges of the Toune of 
Ipswich. This court doth therefore hereby Order that either the 
whole Toune of Ipswich shall equally Contribute (w% such other 
Inhabitants as haue lands in or neere the sayd village) to the 
maintenance of a minister & all other publicke chaises Incident 
to such a village, or else the aforesaid Inhabitants that haue lands 
neere the sayd village & shall Contribute to the maintenance of 
a minister there & other necessary charges shall be freed from all 
manner of Rates charges or Contributions to the Toune of 
Ipswich for theire land or stock in or belonging to the sayd vil- 
lage." Copy made by Edward Rawson,* secretary. 

WiUiam Goodhue* deposed that William Prechsett had paid to 
the ministry at Ipswich the past ten years; in 1666 his rate was 
17s. 6d., in 1667, 16s. 8d. This was according to deponent's 
book. 

Theophilus Wilson* deposed that Pritchett paid for county and 
town rates, in 1666, 21s. 4d., in 1667, 21s. 2d., and in 1668, 20s. 
6d. 

The country rate made Nov. 18, 1668, for Topsfeild, by Frances 
Pabody,* John Gould,* Thomas Baker,* and Danidl Borman:* 
Mr. Gilbert, 4s. 6d.; Samuel Cuttler, 88. lid.; Lt. Francis 
Pebody, lli. 4s. 2d.; Mr. Perkins, 128. 9d.; Tho. Baker, 6s.; 
Tho. Perkins, lli. Is. 6d.; John Redington, lli. Is. lOd.; Tho. 
Browing, 88. 4d.; Deboray Perkins, 2^.; William and Joseph 
Townes, lis. 6d.; Jacob Townes, 78. 6d.; Corp. Edmond 
Townes, 14s. 3d.; James Watters, 4s.; Will Avery, Is.; lasck 
Estey, 9s. 8d.; John How, 12s. 6d.; John Morall, 9s. lid. 
Mickall Daniel, 5s. 6d.; Mickall Boudan, 28. 8d.; Mathu Hucker 
2s. 8d.; John Hovey, 9s. 6d.; Daniel Clarke, 9s. 5d.; Mathu 
Standly, 7s. lOd.; Tho. Hobes, 13s. Id.; John French, 8s. 6d. 
Daniel Black, 3s. 6d.; John Wilds, 13s. 3d.; Antony Carell, 5s 
6d. ; Tho. Avery, 4s. 3d. ; Daniell Borman, 14s. 4d. ; Jon. Robin- 
son, 2s. lOd.; Isack Cumins, sr., 7s. 3d.; Isack Cumins, jr., lOs. 
Einsine Howelett, 4s. lOd.; Will. Nicklas, lis. 8d.; Euenss 
Mories, 38.; Jon. Nickoes, 2s. 9d.; Corp. Wm. Smith, 48. 4d. 
Ephram Dorman, 8s.; Edmon Bridges, 48. 6d.; Luke Waklen 
Is.; Will. Prechat, 5s.; Tho. Dorman, 9s. 6d.; Jon. Gould, lli 
2s. ; Joseph Pebody, 5s. 7d. ; total, 20Ii. Is. 7d. 

At a meeting of the seven men, Mar. 15, 1651: "wheras the 
Inhabjrtants of Topsfield doe with there cattell feed our cow 
common to the great preiudice of the Towne heard, And wheras 
there is a good quantitye of common Land adio3nieing to m' 
Pendletons farme and Rowley Lyne, which may accomodate 
them for the feeding of there cattell which they have desired to 

* Antograph. 



1660] KBOOBDS AND FILES 107 

Rich. Rowlaod v. Capt. James Smith. Debt. Verdict for 
plaintiff.* 

be granted to them for there common vse. The seaven men, 
haueing power from the Towne being desirous to make provision 
for there heard, as also for the Towne heard have ordered & 
Granted that t^e sayd common ^and, lyeing and adioyneing to 
m'. Pendletons, to m' Bradstreets, and the Land late m' Willmm 
Paines should be a common to remaine for the conunon use of 
the Inhabitants of Topsfield, that is to say all the Inhabytants 

of or The Lands of Ensigne Howlett the Land granted 

symonds and soe from the south syde of the Po[nd] called m' 

Bakers Pond to Rowley bounds to the there sucksessors for 

ever provided that the Inhabitants of the places aforesayd, shaD 
not at any time hereafter, suffer any of there cattell to feed upon 
the cow common of the Towne of Ipswich but if at any time, 
there cattell be taken feeding upon the sayd cow commons of 
Ipswich, they shall be acknowledged to be trespasers, and the 
owners of them bound to make satticefaction acording to the 
orders of the Towne of Ipswich or the prudentiall men therof 
from time to tyme." Copy made Jan. 8, 1666, from the old 
town book by Robert Lord,t cleric. 

*Writ, dated Mar. 23, 1668-9, signed by Moses Maverick,t 
for the court, and served by Erasomus Jame8,t constable of 
Marblehead, by attachment of the dwelling house of defendant. 

Nov. 16, 1667, James Smith, Debtor: to one quarter of Beefe, 
weight 110 poimds at 3 l-2d, per pound, lU. 128. Id.; too Bush- 
ells of Rye, 88.; to Mr. Mavericke for 2 quarts of Rum, 2s. 6d.; 
to deven tachments serving, lis.; mending the fence of the 
marsh, 6b.; too piggs, 5s.; 12 pounds of Beefe at 3 l-2d., 3s. 6d.; 
to carting home a mantle-tree, 2s. ; payed to Stephen French, 28. 
6d.; to Mr. Ruck, 7s. 6d.; an hundred of shew nayles, 4d.; half 
a himdred of Boards, 3s. 6d.; halfe a Bushell of onnians, 28.; for 
my wife goeing before ye Major 3 days, 68.; for my dau^ter 
mary goeing before ye Major for you 2 days, 4s.; for one day my 
selfe for you Before ye major, %.; total, 4U. 17s. lid. Mary 
Rowland made oath to this accoimt before Wm. Hathome.f 

James Smith, Creditor: to Mr. Verm for entering actions, 148. 

Roger Rise, aged about thirty-two years, deposed, 22 : 1 : 1668, 
that the past two summers he had worked with Richard Rowland 
and his boy in mending fence about Capt. Smith's marsh and 
Richard Rowland's marsh two days, for which he received 
from said Rowland six shillings, and had for Smith of Rowland 
60 feet of boards of which Rowland had 10 feet again. Sworn, 
22 : 1 : 1668-9, before Wm. Hathome,t assistant. 

Erasemus James, aged thirty-four years, deposed. Sworn, 
20 : 1 : 1669, before Wm. Hathome,t assistant. 

t Autograph. 



108 IPSWICH QUABTXBLT COUBT [MST. 

Rich. Rowland v. Capt. James Smith. Defamation. Verdict 
for plaintiff, the defendant to make acknowledgment within one 
month.* 

John and Nathaniell Ingersoll v. Jacob Bame, sr. Trespass. 
Special verdict found. Court found for the defendant.! 



*Writy dated Mar. 23, 1668-9, signed by Moses Mavericket 
for the court, and served by Erasomus James, t constable of Mar- 
blehead, by attachment of the dwelling house of defendant. 

Sarah Randall, aged twenty years, deposed, June 19, 1667, 
that the last of May, being in Richard Rowland's ground near 
his house, she saw Capt. James Smith and his sist^ Mary, sdd 
Rowland's wife, talking loudly. Smith called his sister vile names 
and said she came home drunk one time from Salem and could 
not tell whether she went upon her head or her feet. Sworn, 
22 : 4 : 1667, before Wm. Hathome,t assistant. 

Robard Hoper, aged sixty-two years, and John Besom, aged 
fourteen years, deposed that they heard Capt. James Smith caU 
Richard Rowland a thievish Welch rogue, etc. Sworn, 22 : 1 : 
1668-9, before Wm. Hathome,t assistant. 

Copy of bond of James Smith, Samuell Ebome and Richard 
Rowland, dated Mar. 21, 166&-7, to stand by the determination 
of the arbitrators. Major William Hathome, Mr. Edmond Batter, 
Seigt. John Porter and Hillyard Veren, appointed to «id all dif- 
ferences between them ''from the begming of the world to this 
very day.*' Th^ were to meet during the first week of the next 
month at the house of Mr. Jcrim Qidney, sr. Wit: John Gidney 
and Elias Mason. 

Mary Woods, aged twenty-one years, deposed, 18 : 4 : 1667, 
that Smith told his sister that she came home drunk one time 
from Lyn from a wedding and beat her husband and turned him 
out of doors. Her husband took his bed and carried it to John 
Gatchell's, and prayed him to let him leave his bed there for the 
devil was at home. Sworn, 22 : 4 : 1667, before Wm. Hathome,^ 
assistant. 

Judeth Grounden, aged eighteen years, deposed that she heard 
Smith say to his sister Mary that she had been to a ''swiven 
feast" at L3nm, etc. Sworn, 22 : 4 : 1667, before Wm. Hathome,^ 
assistant. 

Samll. Woods, aged about thirty years, deposed that he heard 
Richard Rowland say that if James Smith had cut down that 
tree before his yard, he would make it cost him twice the price of 
that horse, pointing to his own horse which stood by him. 
Sworn, 29 : 1 : 1669, before Wm. Hathome,^ assistant. 

fWrit: John and Nathaniell Ingerson v. Jacob Barney, sr.; 
trespass done upon their land on Ryall side in Salem, near Frost 

t Autograph. 



1660] BXC0BD6 AND FOiSB 109 

fish river, by fencing, breaking and cutting down their wood and 
otherwise (under pretence of purchase made of Mr. William 
Paine, deceased), indeavoring thereby to put the plaintiffs from 
their just right to the said land; dated Mar. 16, 1668-9; signed 
by HUlyard Veren,* for the court; and served by Henery Skerry,* 
marshal of Salem. Bond of Jacob Barney, sr.,* and Jacob 
Barney, jr.* 

Deed, dated 26 : 5 : 1657, from Will. Paine,t of Boston, mer- 
chant, to Jacob Barney of Salem, for 81i., land in Salem ''w^ 
Land was somtimes the f arme Lott of Richard Ingersall of Salem 
deceased y* w^ farme is boimded one the East w^ the farme of 
Jacob Barney one the west w*^ y* farme of Paskee Foote & one 
South, w^ the Bluer caled frost fish Riuer, & one ye North w^ a 
Farme sometimes in the possession of M' Holgrave, all w^^ s^ 
land being aboute one hundred Acres more or Lesse togeather 
w*"* y Salte marsh lying w*^ in it." Wit: Walter Price* and 
John Browne.* 

Power of attorney, dated 10 : 2 : 1663, given by John Knightf 
ST., and An (her mark) Knight of Nubury, to their beloved son 
John Potman or Joseph Holton, to give possession of a farm to 
John and Nathanyell Ingerson. Wit: Thomas Hale, sr.,* and 
Johnnathon Haines.* 

Deed, dated Apr. 10, 1668, ''Wheras Richard Ingerson long 
since of Salem . . . did among other things, demise, Giue or 
bequeath vnto An his wife one Farme or Grant of land lying and 
being In Salem Af oresayd Conteyning eighty Acres being bound- 
ed or Abutting Westerly by Frostfish Riuerhead, Eastemly 
the Countrie rodeway, Southemly some land of Jacob Bame3r8: 
And Northemly the lands somtime Pasco Footes, Now in Occu- 
pacon of Jacob Barney; which land was before entermarriage of 
the sayd An with John Knight, Sen' of Nubury in the Countie 
of Essex referred And Verbally disposed to the Children of the 
Sayd Richard And An Ingerson," said An (her mark) Knightt in 
remembrance of her deceased husband and tender Teepect to their 
children, with the free consent of her now husband John Knight.t 
conveyed to her sons, John and Nathaniel Ingerson, said 80 acres 
l3ring at a place called Royall Side, with tibie ''Trees, Woods, 
Waters, Soyles, Rocks, Mines, Mineralls," ete. Wit: Thomas 
Hale, seniort and Johnnathon Haines.t 

Joseph Houlton, aged about forty-eight years, deposed that he 
was Richard Ingarsall's servant and lived in the house that 
belonged to the land that is now in controversy and helped break 
up and fence the land. Further that he had heard Jacob Bame, 
sr., own that he now had the land that was formerly Richard 
Ingiu*sall's. Sworn in court. 

John Simonds, aged about seventy-four years, deposed that in 
the time of Richard IngersoU's life, deponent, Samll. Goming and 

*Aiitognpb. t Autograph and seaL {Seal. 



110 IPSWICH QUABTEBLT OOUBT [MaTt 

jQliathan Porter, since deceased, bought of said IngersoU timber 
upon his farm lot butting upon Frost fish river at a rate per tree, 
and that they felled the trees and worked them into staves. 
Sworn, 29 : 1 : 1669, before Wm. Hathome,* assistant. 

John Porter, aged seventy-three years, deposed that John 
Knight, sr., of Newbury came to his house and offered him the 
farm in controversy for a cow. Deponent replied that it lay 
more convenient for his neighbor Barney, and went with him to 
Barney's house and heard him make the same offer. Later 
Knight said they did not agree. He further deposed that Jacob 
Barney, sr., in 1651, mowed a parcel of salt marah south of little 
creek, which creek lay also southward from ''the basing place," 
and had continued from year to year without molestation. 
Sworn in court. 

John Putnam, aged about forty years, deposed that he heard 
John Engerson demand his land of Jacob Barney, sr., but Barney 
told him that he had no land of his, but he had the land that was 
his father's Richard Engerson's. Further, that in 1641 or 42, 
said Richard, the father, had a house standing upon the land 
commonly called Engerson's point, adjoining Willistone's river, 
near the place of fishing, and there planted com. Joseph Holton 
testified to the same. Sworn in court. 

Henry Bartholomew, aged about sixty years, deposed that he 
went with Jacob Barney, sr., of Salem to Mr. William Paine, then 
living at Ipswich, to assist said Barney in buying the IngersoU 
farm. Said Barney bought it and paid 81i. for it, in 1661. For 
"I finde on my booke in the 3** m** 52 that I had Charged 
Jacob Barney debtor for the sd 8^ that I had pd M' Paine for 
him and that he had at that time pd me the most of it." Sworn 
in court. 

Jacob Towne, aged about thirty-eight years, deposed that 
seventeen years since he saw Barney cut grass, etc. Sworn in 
court. 

Verdict of the jury: that the land was granted to plaintiff, that 
defendant bought it before 1652 and possessed it by felling tim- 
ber, etc., and that if this was a legal possession according to the 
law of 1657, they found for defendant, if not, for plaintiff. 

Nathaniell Pootman, aged about forty-eight years, deposed. 
Sworn in court. 

John Putnam, aged forty years, deposed that about eighteen or 
nineteen years ago, Mr. Paine told him that he had bought this 
land and that he would sell it to deponent's father if he would 
buy it, and deponent helped to draw the timber that John Wild 
cut, etc. Sworn in court. 

''Granted to Rich. IngersoU in the yeare 1636 eighty Acres of 
Land. 

* Autograph. 



1669] BBCOBDS AND FILB8 111 

''2 in the yeare 1643 Its ordered that the Lotts that are laid 
out next to Goodman Leechs at the great Hill as namely, Jacob 
Barneys and Rich. Ing'solls shall determine with a streight Line 
at the tope of the Hill at the Marked tree where Laurence Leech 
lott doth end puided it comes not within any mans popriety." 
Copy made by Edmond Batter.* 

Richard Pettingell, aged about forty-five years, deposed that 
John Knight came home one time to Newbery and told his wife 
that he had sold Mr. Pain some timber at the lot at Frost fish 
river. She was much troubled and asked him why he sold her 
timber, whereupon Knight said she should have twenty shillings 
for it. Ejxight then owned that he had no right in that land. 
Sworn in court. 

John Knight, aged forty-five years, deposed that his father and 
mother sold Goodman Simons, a cooper of Sallem, some white 
oaks, about twenty trees, etc. Sworn in court. 

Josua Ray, aged about thirty-eight years, deposed that the 
creek or cove below the Bas point on Frost fish river, above twen- 
ty years ago was always considered the bounds between Jacob 
Bamee and Richard Inkersall. Then there ran a fence from that 
Creek up toward Bame's old bam, for after Inkersol went away 
to live, etc. Sworn in court. 

John Wild, aged about fifty years, deposed that about nineteen 
years since, he cut wood there, for Mr. Paine, who had bought 
the land in exchange for a cow, by Capt. Gerrish. Sworn in court. 

Richard Lech, aged about fifty years, deposed that Richard 
Likarsall built upon this land and dwelt there, etc. Sworn in 
court. 

Nathaniel Ingarsall deposed. Sworn in court. 

William Hobs, aged about twenty-eight years, deposed that he 
kept his master's cattle, etc. Also that he liv^ with old Jacob 
Bame seven years ago and helped him fence in the first field that 
was fenced in since 1653. Sworn in court. 

Copy of willf of Richard IngersoU, made by Hillyard Veren,* 
cleric. Inventory of the estate of Richard Ingerson of Salem, 
dated Oct. 4, 1644, taken by Townsend Bishop and Jeffery 
Massy: Seven Cowes, 341i.; 2 young steers, 41i.; 2 young heif- 
ers, &. 13s. 4d.; a bull and buU s^g, 71i. 10s.; paire of Oxen, 
141i.; paire of steeres, llli.; bull and bull segg, 81i. 10s.; 3 calves, 
31i.; 3 swine, 4li. 10s.; halfe a pig, 4s.; 2 horses, a mare, colt and 
foal, 281i.; Indian come, 41i.; pease in the bame, 21i.; Ry & 
wheate, 51i. 12s.; Ry, Hi. 15s.; Hay, 31i. 15s.; the 3d pt of a 
cart, 8s. 4d.; the third pt. of a Tumbrill, 5s.; the third pt of a 
Harrow, Is. 8d. ; the 3d pt of 3 yoakes & chains, 4s. 8d. ; the 3d 
pt of 2 plowes, 6s. 8d. ; hemp & flax, 5s. 6d. ; a farme, 80 acres 
meddow, 20 acres, 141i. 13s. 4d.; another farme 75 acres, TU. 
26 acres: 2 houses, 2 acrs a quartr of salt marsh, 26U. 7s. 6d. 
Debts due to the estate, 61i. 19s.; bedsteed & beding, 4U. 14s. 

* Aotograph* ^Se^ <mt6, yoL I, p. 70. 



112 IPSWICH QUABTBBLT COX7RT [Mar. 

Joseph Basnett v. John Wing. For not giving him apparel 
according to his indenture. Verdict for plaintiff.* 

Rich. Oliver, attorney to Mr. Harlackenden Symond v. Capt. 
Walter Barfoote. Debt. Verdict for plaintiff.f 

another bedsteed & bed, lli. 15s.; press cubbord, 14s.; peece of 
locrum, 3s. 4d. ; a warming pan, 4s. ; 2 cushins & a chaire, IDs. ; 
pewter, 10s.; 2 dripping pans, 10s.; a great Iron Kettle, lU.; 2 
Iron potts, lU. 10s.; brasse Kettle, 4s.; a settle, 68. 8d.; cheese 
fatts, 3s.; chume, 4s.; Kneading trough, 48.; seive. Is. 4d.; 7 
traies, one milke pan, 5s. 4d.; milk paile, 4s.; cheese, 6s. 8d.; 
oates, 8d.; malt & wheate, 8s.; thinning wheele, 2s. 6d.; woollen 
wheele & cards, 5s. 4d.; moose skm sute, 21i. ; cloath sute & coate, 
lli.; total, 21311. 19s. Proved in court, 1 : 11 : 1644, by Ralph 
Fogg, p curia. Copy made by HilUard Veren,t cleric. 

♦Writ, dated Feb. 17, 1668, signed by John Fuller,^ for the 
court, and served by Rich. Wayte,t marshal of ''Southfolk." 
Bond of John Wing.| 

Power of attorney, dated Mar. 27, 1669, given by John Wing§ 
of Boston, mariner, to Mr. Francis Wainenght of Ipswich, mer- 
chant. Wit: Madatt Engist and Pe. Goulding.t Acknowledged, 
Mar. 29, 1669, by Madit Engis and Peter Goulding, bdore 
Edward Tyng,t assistant. 

Indenture, dated Aug. 1, 1663, John Wingt of Boston, mar- 
iner, made over to Moses Chadwell, Joseph Basnet to serve him 
for five years and a half from date, said Chadwell to support him 
and give him a cow calf after two years. Wit: Will. Whitwellt 
and Thomas Chadwell.^ 

tWrit, dated Mar. 1, 1668, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Power of attorney, dated Feb. 15, 1665, given by Harlakinden 
Symonds§ of Glooester to Mr. Richard Oliver of Hampton, to 
collect 51i., from Capt. Barefoot, 3U., of which he was to keep for 
a debt due him from said Symonds. Wit: Samuell SymondsJ and 
Mary (her mark) Edwards. Acknowledged by Harlakmdon 
Symonds, Nov. 8, 1667, before SamueU Dalton,t commis. 
Mathewe Priced was witness to Harlakinden Symonds't i^ote 
endorsed. Mar. 17, 1668-9, on the back of letter. Letter 
addressed, ''These For his much respected friend m' Richard 
Oliver att m' Cottons house in Hampton p'sent." 

Seaborne Cotton, aged about thirty-five years, deposed that 
above a year since he was desired by Mr. Richard Oliver to carry 
a certain bill to Mr. John Paine of Boston in which Capt. Walter 
Barefoot desired said Paine to pay to Mr. Harlackenden Simonds 
51i., and Paine replied that he had no effects of Capt. Barefoot 

{ Antograph. ; § Antograpb and seal. 



1669] BBCORDS AND FILES 113 

Richard Oliver v. Wm. Fifield. Debt.* 

in his hand. Sworn, Mar. 29, 1669, before Samll. Dalton,t 
commis. 

Order of Walter Barefoote,t dated Boston, Mar. 10, 1664-5, to 
Mr. John Paine to pay 51i. to Symonds. Wit: William Wood- 
cocket and Jonathan Tyng.t Acknowledged by Mr. Woodcock, 
27 : 1 : 1669, before Wm. Hathome,t and by Johnathan Tyng. 
ag^ twenty-four years, 6 : 8br. 16(58, before Jno. Leverett,T 
assistant. 

Paid to Leftenant John Remin of Roxberi, lli. 6s. 8d.; to 
Mr. Joseph Juetes ecsecuters, SOU.; to Sarjant Thomas Helle of 
Nuberi, lOli. lOs.; Deckin Enolltim of Ipswich, 71i.; Daniel Ela 
of HaverhiU, 111. 16s.; John Hesilltine of Hevrhill, 221i. 10s.; 
Gorg Hadli of Ipswhich, 21i. 13s.; Mr. Thomas Bishup of 
Ipswhich, 21i. ; William Delle of Haverhill, lli. ; Thoffilus Satch- 
wdl of Haverhill, lU. 5s.; Deckin Pingeri of Ipswhich, 17s. 6d.; 
Comit John Whipill of Ipswhich, Sli. ; John Johnsmi of Haverhill, 
41i. 7s.; Edman Brigis, sr., of Ipswhich, 9s.; Thomas Lovill of 
Ipswich, 41i. 128.; Bathalemu Heth of Haverhill, 71i. 158. 4d.; 
Steven Webstur of Heverhill, lli. 13s.; John Page, sr., of Haver- 
hill, 13s.; John Kimball of Ipswich, 41i.; Willam Law of Rowly, 
51i. 15s. ; Mr. John Backer, sr., of Ipswhich, lli. ; Willam Buckly 
of Ipswich, 5s.; Richord Coy, 21i.; Abell Langli of Rowly, 56.; 
Samuell Plomer of Nuberi, 28.; Mr. Daniel Eipea of Ipswich, 21L 
10s.; Mr. Gidni of Salimi, 21i. lis.; Mrs. Rogers of Rowly, 16s.; 
John Lee of Ipswich, llli.; Heneri Shorte of Nuberi, 4U. 12s.; 
John Griffing of Merimack, 341i. ; John Huchins of Haverhill, 21i. 
6b.; John Remintim of Haverhill, lli. 4s.; Comit John Severans 
of Sollesberi, 21i. 10s.; Goodman Tuck of Hamtim, lli. 7s.; 
Mr. Robart Pattiu*8ell of Boston, 141i. ; Heneri Benit of Ipswich, 
1411. 78. 9d. ; Mrs. Grene of Ipswich, 511. ; John Luis of Bostun, 
211. 13s. ; Thomas Butell of Bostim, 21i. ; Mathu Coy of Bostun, 
111. ; John Asllt of Andever, 15s. ; Leftenant Oeqgood of Andever, 
6s.; Mr. Cumelus Wolldo, 211. 7s.; Mr. Rusel of Charles toime, 
lOli.; Mr. Bishshup of Ipswhich upon ecsecushon, and to 
Mr. Robard Paine of Ipswhich. 

♦Writ, dated Mar. 1, 166&-9, signed by Samuell Dalton,t for 
the court, and served by Abraham Drak,t marshal of Hampton,, 
by attachment of defendant's house and land. 

wm. Fifield, sr.,t petitioned to the court. Mar. 29, 1669, that 
this action be referred to Sfdem court ''Becase I Am By a Hand 
of Gods prouldence so Lame that I Cannot goe nor Ride so fare 
As Ipswich." Power of attorney, dated Mar. 29, 1669, given by 
WilliiBm Fifield, 8r.,J to Capt. Walter Barfoott, in the action 
between Richard Olifer of Salem and himself. Acknowledged^ 
Mar. 29, 1669, before Samuell Dalton,t commis. 

tAntofpraph. {Autograph and seal. 



114 IPSWICH QUABTBBLT OOUBT [Mar. 

Mary Whitridg v. Tho. Whittridg. For withholding a steer 
and brass kettle. Verdict for plaintiff.* 

Capt. James Smith v. Rich. Rowland. Forfeiture of a bond of 
5001i. Verdict for defendant.f 

Jno. Barsham, aged about twenty-eight years, deposed that in 
Feb., 1668, he heard Mr. Oliver demand a debt of Wm. Fifield 
of 350 sUUings, which he promised to pay with a thousand boards 
at Exiter and staves at Hampton. Sworn, Mar. 29, 1669, before 
Samuell Dalton,| commissioner. 

*Writ, dated Mar. 22, 1668-9, signed by Hillyard Veren,t 
for the court, and served by Henery Skerry,t marshal of Salem, 
by attachment of house of defendant. Bond of Thomas (his 
mark) Whittrige. 

Power of attorney, dated Mar. 22, 1668-9, ^ven by Mary (her 
mark) Whiterige,§ dau^ter of WiUiam Whiterig, to Mathew 
Price of Salem. Wit: Hillyard VerenJ and Rich. Oliver. J 

John Whiterige, aged twenty-five years, deposed that his sister 
Mary had a mare colt given her by her father almost five years 
ago, which she exchanged with him for a pied steer about three 
years old. The mare was alwa3rs called "Maryes mare." The 
steer since the father's death was delivered to their brother 
Thomas to keep for her. Also that the kettle was always 
accounted Mary's since their mother's death, and their father 
said that it was bought with their mother's money, only he 
desired to have the use of it while he lived. Sworn, 27 : 1 : 1669, 
before Wm. Hathome,| assistant. 

John Mason, aged about forty-four years, and John Baxter, 
aged thirty-seven years, deposed that Mary Whitterige, on 16 : 
1 : 1668-9, came to the house of Thomas Whitterige and said 
''brother I am Com to demaund my steere & my Kettle & eight 
hens & a cock you haue of mine." But he said he knew nothmg 
about them. Sworn, 22 : 1 : 1668-9, before Wm. Hathome,J 
assistant. 

Nicolas Marble, aged forty years, Thomas Perry, aged about 
seventy years. Alee Perry, wife of Thomas Perry, and Elizabeth 
Marble, wife of Nicolas Marble, deposed. Sworn in court. 

fWrit, dat^ Mar. 22, 1668-9, signed by Moses Mavericke,J 
for the court, and served by Erasomus James,} constable of 
Marblehead. 

John Deverix, aged fifty years, deposed that being desired by 
Richard Rowland to go with him, together with Mr. Moses 
Maverick, about the middle of April, 1667, to see the tender of 
some bedding to Capt. Smith, according to award, one feather 
bed, two bolsters, two pillows, two blankets, a green rug, cur- 
tains and vallance, one suit of cloth clothes, and one pair of 

{Aatograph. fSeal. 



1660] BBOOBDS AND FILB8 115 

Capt. James Smith v. Richard Rowland. For taking out of his 
house, etc. Verdict for defendant.* 

Capt. James Smith v. Richard Rowland. Debt. Verdict for 
plaintiff.f 

stockings, and Smith refused to receive it. Sworn, 27 : 1 : 1669, 
before Wm. Hathome,t assistant. 

Moses Mavericke, aged about fifty-seven years deposed that 
Smith said the bed was not his, but Wibrow Gatchell and Jane 
James said it was, as they knew by a burnt place on it. Sworn, 
31 : 1 : 1669, before Wm. Hathome,| assistant. 

*Writ, dated Mar. 22, 1668-9, signed by Moses Mavericke,J 
for the court, and served by Erasamus James,t constable of 
Marblehead. 

Walter Price, aged about fifty-five years, deposed that he being 
desired to join with Henry Barklemew and Mr. Joseph Grafton, 
sr., to use tiieir best endeavors to ''a loving closing'' between James 
Smith and Rich. Rowland, both of Marblehead, after some per- 
suasion they brought Richard Rowland to forbear taking advan- 
tage of the law by execution upon Castle hill, etc. Sworn, 27 : 
1 : 1669, before Wm. Hathome,| assistant. 

Wiburrough Gatchell, aged about fifty years, deposed that 
being in the house of Goodman Smith after his decease, ''I heard 
Goody Smith say that her son James Smith should haue y* Best 
Bed and all that did Belong to it: and I heard say in y* house 
that y* great Chist should Nott Bee opened till her son James 
Came home. Moreouer to my Best Remembrance shee was 
questioned if shee had f orgiuen Rowland and her answer was shee 
had Not f orgiuen Rowland; howbeeit after goody Smith was 
Deceased I saw Mary Rowland take money out of y* Cup Board 
and sayed her mother had prouided it to Burie her withall." 
Sworn, 22 : 1 : 1666-7, before Wm. Hathome,J assistant. 

Marget Bennot, aged about sixty-one years, deposed that being 
in the house of Mary Smith, widow, then on her death bed, she 
heard Samuell Ebome ask said Smith, his mother-in-law, whether 
she had forgiven Rowland, for the latter had come out and said 
she had. She said that he asked her to forgive him and she did, 
although she told him that he had done her too much wrong, etc. 
Sworn, 22 : 1 : 1666-7, before Wm. Hathome,]: assistant. 

fWrit, dated Mar. 22, 1668-9, signed by Moses Mavericke,J 
for the court, and served by Erasomus James,^ constable of 
Marblehead. 

Richard (his mark) Roland, on July 11, 1664, promised to pay 
to his brother, SamuewU Eboam, attorney to his brother James 
Smith, 20b. for grass which Rouland had cut on Smith's land. 

lAntograph. 



116 IPSWICH QUARTBRLT COUBT [Mar. 

Sergt. Clarke v. Mr. Anthony Crosbie. Debt. Verdict for 
plaintiff.* 

Wit: Erasomus Jamesf and Joshua (his mark) Codnor. Sworn, 
6:2: 1667, before Wm. Hathome.t 

Richard Rouland, Debtor, Dec. 14, 1666: to one peece of sarge, 
61i.; 4 yards 1-2 of Gotten at 4s., 18s.; mony lent you, — ; 
money lent you at Mr. Ruck's and when you went to Boston with 
the prisoners, to mony paid Mr. Verin, to one bushel Indian 
com, one pound of tobaco, one payer of French fall showes for 
Robart punell, one pound of tobaco for Punell; to fish you 
received of William Nicke, 21i.; Comminage for your mare, 21i.; 
to two dayes work of my servant, 4s.; to my son and my mare 
one day going to Linne for you, 3s.; total, 131i. 5s. 

John Peach, sr., aged about fifty years, and Judeth Groun- 
dell, aged about twenty-one years, deposed that two years ago, 
being present at Gapt. Smith's house, Richard Rowland broui^t 
in a piece of sei^e and said '^heare is yo' searge take it." Gapt. 
Smith threw it out the window in the dirt, which he repeated 
again. Then Goody Randell went out, took up the serge and 
wiped off the dirt, saying if no one wanted it she would take 
it, etc. Sworn, 27 : 1 : 1669, before Wm. Hathome,t assistant. 

Samuell Eabome, aged about fifty-eight years, deposed. 
Sworn, 29 : 1 : 1669, before Wm. Hathome,t assistant. 

Erasemus James, aged about thirty-four years, deposed that 
Rowland swore falsely, etc. Sworn, 29 : 1 : 1669, before Wm. 
Hathome,t assistant. 

William Nicke, aged thirty-five years, deposed. Sworn, 29 : 
1 : 1669, before Wm. Hathome,t assistant. 

John Backer [or Bulker], aged about twenty-eight years, deposed 
that he heard Mary Rowland, the younger, entreat her uncle, etc. 

William Nicke, aged about thirty-five years, deposed that 
being at his stage and having some dealings with Goodman 
Smith, Rouland being in want of some fish and deponent owing 
Smith some fish, the latter ordered him to pay the same to 
Rouland. Further that Rouland got a gallon of oil of deponent 
in his father's name and kept it for his own use, etc. Sworn, 
22 : 1 : 1666-7, before Wm. Hathom,t assistant. 

*Writ, dated Mar. 23, 1668, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Anthony Grosbief of Rowly acknowledged a debt. Mar. 24, 
1663, to Tho. Glarke of Ipswich, tanner, to be paid in wheat and 
pork. Wit: TVistram GoflSn.t 

Robert Lord, jr., deposed that he heard Master Grosbie say 
that the debt he owned Sergent Glarke was such an honest debt 
that he could not appear against it. Sworn in court. 

fAutograph. 



1669] BBOORDB AND FILB8 117 

Thomas Bishop, assignee of Marke Quilter v. Nieolas Browne. 
Withdrawn. 

Mr. Symon Bradstreet v. John Gage. Trespass. For harm 
done by his swine in his com. Verdict for plaintiff.* 

^Alexander Sessions, aged twenty-four years, deposed that he 
went down to his master Bradstreet's plain after much of the 
damage was done, in 1666 and mended the fence and then having 
occasion to go after some young cattle, coming back to the corn- 
field, the dogs that were with him fell upon some hogs there. 
Deponent caught one to observe the earmark and foimd a slit 
in the near ear. He spoke to Mr. Faulkner about it and he 
owned the marks to be his, etc. He further deposed that in 
1665, he saw swine by the river side, and Goodman Kingsbur- 
ough's son said they were his imcle Gage's hogs, which Daniel 
Gage corroborated. Sworn, 27 : 1 : 1669, before Simon Brad- 

streete.f 

Sergant John Steevensf and Sergant Thomas Famum,t fence 
viewers of the north part of Andover in 1666, deposed that they 
viewed the fence of a field of Mr. Bradstreet's about three miles 
from the town, called the plain, and judged it sufficient, etc. 
Sworn, 27 : 1 : 1669, before Simon Bradstreete,t assistant. 

Thomas Johnsonf and Richard Suttonf deposed, as fence view- 
ers of Andover for 1665, that they found the fence sufficient. 
Sworn, 19 : 1 : 1668, before Simon Bradstreete.f 

Henry Bangsbery,! aged about fifty-four years, deposed. 
Sworn, 26 : 1 : 1669, before Simon Bradstreete.f 

John Bradstreet,t aged about seventeen years, deposed that 
bemg sent by his father in 1666 to the plain, he was compassed 
about by hogs so that he had to get upon his horse and ride away. 
The com was good, about thirty bushels to the acre. Sworn, 
29 : 1 : 1669, before Simon Bradstreete.f 

Dudley Bradstreet,f Edward Whittingtonf and Robin (his 
mark) Basely deposed. Sworn, 29 : 1 : 1669, before Simon 
Bradstreete.f 

Josiah Gage, aged about twenty-one years, and Daniel Gage, 
aged thirty years, deposed concerning their father's hogs. Sworn, 
31 : 1 : 1669, before Wm. Hathome,f assistant. 

Daniell Gage, aged about thirty years, deposed that Benjamen 
KimbiJl and Joseph Pike went to view the fence, etc. Sworn, 
31 : 1 : 1669, before Wm. Hathome,f assistant. 

Benjamen Kimball, aged about thirty-two years, and Joseph 
Pike, aged about thirty years, deposed that they viewed the 
fence for Sargent John Gage, etc. Sworn, 31 : 1 : 1669, before 
Wm. Hathome,f assistant. 

tAatograph. 



118 IP8WIGH QUABTIBLT OOUBT [MST. 

Mr. Symon Bradstreet v. Hugh Sherratt and wife. Debt. 
Verdict for plaintiff.* 

Mr. Symon Bradstreet v. John Clarke. Debt. John Clarke 
came into court and acknowledged a judgment of 201i. to plaintiff. 

John Godfry v. Edward Cottell. Verdict for defendant.t 

*Writ: Mr. Simon Bradstreet v. Hugh Sherratt and Elizabeth 
his wife, administratrix of the estate of Himifry Griffin, deceased, 
and of John Griffin, her agent and attorney; dated 17 : 1 : 1669, 
signed by Edmond Fawkner,t for the court; and served by 
William White,| constable of Haverhill, by attachment of the 
dwelling house of defendant. 

Simon Bradstreete'st account: Himifry Griffiin, debtor, for 7 
bush, of Ind. Come dd. by Goodm. Whitman att 3s., lli. Is.; 
an oxe dd. by Abr. Reddmgton about ye yeare 57 or 58, 81i.; a 
Cow dd. by Ens. Howlett, 41i. 5s.; three weather sheepe dd. by 
Goodm. Jurdan, 21i.; total, 151i. 6s. Creditor pd. by him to 
Mr. Chevrs, lli.; by Mr. Wilson, 2h. 5s.; by Mrs. Rogers, 31i. 
5s.; by Mr. Baker, 8s.; total, 61i. 18s. 

Abniham Redington deposed that he delivered the ox to 
Griffin's son, etc. Sworn in court. 

Simon Bradstreete deposed that half a year before Himifry 
Griffin died, he was at his house and showed him how the accoimt 
stood and Griffin owned it. In 1661, deponent made a copy and 
gave it to John Griffin to show his mother, and they promised to 
pay it in com and cattle, and a copy was also given to Hugh 
Sheret and his wife. Sworn in court. 

John Ossgood,! aged about thirtynseven years, deposed. 
Sworn, 30 : 1 : 1669, before Simon Bradstreete.^ 

John Griffingt deposed that he never owned any account con- 
cerning his father Humfri Griffing nor his mother Elesebeth 
Sheratt and the Worshipful Mr. Brodstrete. 

tWrit, dated Feb. 11, 1668, signed by Robert Lord,t for the 
court, and served by Thomas West, deputy for Robert Lord,t 
marshal of Ipswich, by attachment of two rugs, a pot, kettle, 
cow, horse, staves, 100 acres of land, which goods were found ''in 
the house where Edward Cottell's wife dwells." 

Thomas West, aged about thirty years, deposed that the next 
morning after the attachment was served Samuell Bickford came 
to where John Godfry and deponent stood and said if the latter 
had not attached the horse as he did, he would not have had him 
for he would have bought the horse of his mother before night. 
Sworn, Mar. 24, 1668, before Daniel Denison.^ 

John Jimson, aged twenty-nine years, deposed that he was with 
Edward Cottell and John Godfry at Thomas Fowler's house 

(Antograph. 



1669] BSOOBDB AND FILB8 119 

John Sorlah had his license renewed for a year, also his license 
to sell strong waters. 

Mr. Joseph Hills, having often been employed in public 
employment in the coimty, and now grown aged, was released 
from ordinary training free. 

Mr. Joseph Hills, Capt. Wm. Gerish and Mr. Nicolas Noyes 
were sworn commissioners of Newbury to end small causes. 

Mr. Samuell Symonds made retium that on Jan. 22, 1668-9, 
he fined James Foard 20s. 

John Godfrye, presented for being drunk, was fined. 

John Godfry, presented for cursing speeches, which he con- 
fessed, was fined. 

Court allowed the return of the way laid out from Topsfield 
to Haye[rhi]ll ferry by Samuell Brocklebank, Ezekiell Northend, 
Jo. Gould, Tho. Baker, Joseph Pike and John Griffing, recorded 
lib. 4, p. 305.* 

when the latter demanded security of Goodman Ck)ttell. He 
promised three cows, a horse and ei^t acres of land in the ox pas- 
ture, and thereupon they agreed to go down to Goodman Somerby 
to write the agreement. Next day, deponent went with Good- 
man Cottle to Capt. Pike to discourse with him about what 
Cottle owed him, and the cattle were delivered to said Pike before 
deponent and Thomas Fowler. Sworn, Mar. 23, 1669, before 
Daniel Denison.t 

Samuel Bikford, aged about twenty-one years, deposed that 
his father-in-law, Edward Cottle, delivered to Capt. Robert Pike 
the last summer, three cows, his household goods and 100 acres 
of land by turf and twig, by bill of sale in satisfaction of debts 
due said Pike from said Cottle and Mr. Ringe in old England 
which Pike had paid for them. Since this time whatever his 
mother had received had been by order from Capt. Pike, etc. 
Sworn, Mar. 29, 1669, before Robert Pike,t commis. 

Bond of Edward Cottell, dated Aug. 22, 1667, to John Godfry, 
for 371i. ISs. 8d., to be paid in wheat at James Ordwayes house 
in Newbury. Wit: Anthony Somerby and Samuell Bigford. 
Copy made, June 1, 1670, by Robert Lord,t cleric. 

Thomas Fowler, aged about thirty-three years, deposed that 
Edward Cottell and John Jimson came to his house, etc. 
Also that Samuell Bickford was Cottell's agent. Sworn, Mar. 
20, 1668, before Daniel Denison.t 

^Report of Ezekiel Northend,! Thomas Bakerf and Joseph 
Pikef to the court, having been "appointed by the three Respec- 

tAnfcograph. 



120 IPSWICH QUABTEBLT COUBT [Mar. 

tive Towns to lay out a Cuntry high way from Topsfeild meett- 
inge house to hauerill fery: haue laide it from Topsfeild meett- 
inge house toward hauerill on the East side of a hill Called the 
bar hill and ouar pey brooke through a plaine Called the pine 
plaine and soe by the mouth of a pond and soe directly into 
Andouer Road: Trees being marked on both sides of the way 
and soe kept the roade untill we Come about f ourty Rod from 
tiie fine mile ponde and then leaning the ponde on the left hand 
we went between two hills the one being Called balle pate & the 
other Shauen Crown Trees beinge marked on both sids of the 
waye and soe on by the w€»te side of a medow Called the half 
Moone medow and soe strait forward by trees that are marked 
downe by the side of Roburt haseltines medow Estward of the 
medow and to goe ouar the great brooke att the north East end 
of the said Robart haseltines medow and soe to goe strait from 
the brooke through a ualley into the Cart way that goeth to the 
haseltines medow and then to kep the Cart waye through John 
Fikards farme and soe ouar a brooke Called Johnsons brooke 
att the olde Carte waye trees being marked on both sids of the 
way and soe to keep that Cart way untill it Come in to the high 
waye that goeth from Rowly and soe to keep that Roade imtell 
it Come to a brooke Called the Stony Runet and from thens to 
goe strait west ward: trees being marked on both sids of the 

^ing on the south of Robart haseltines dwelling hous 

ning by the west de of his bame & soe olde way 

vntill it C the country from Andouar to hauerill 

so to goe down Thomas kimballs hous to hauerill fery: 

dated y* 28 of 1668." 

Petition of John Carleton, George Browne, Daniell Lad, sr., 
Joseph Davis and John Hazeltine, Sept. 29, 1668 to Ipswich court: 
''Wee imderstand that o' Neighbours on the other side of the 
River of Merrimack agt y* towne of Haverhill have lately, upon 
theire owne heads & with out the approbation consent & jo3mit 
helpe of the towne of Haverhill w^ the Law provides for, page 
37: title Highwayes, Sect. 1,|| endeavours the change of an 
Highway 1 1 therfore wee y* Selectmen at Haverhill in the name & 
behalfe of the s** Towne doe signifie to this Court (to which wee 
are informed that o' Neighbours without knowledge or privitie, 
doe intend imderhand to repaire for the accomplishment of the 
private ends & aimes of but two or three m — That wee have not 
Joyned & doe not joyne w* o* Neighbours in th — actinge in this 
matter nor doe upon any hand consent that there — be any other 
Country highway laid out then that which was last laid out by 
the consent of our Towne, & also of o' Neighbours on y* other 
side which highway was laid out by the River side betw: the 
feilde & the banke. Wee humbly & wee hope groimdedly con- 
ceive that if — Hon** Court should confirme that way that is 
lately laid out by y"selvs viz: o' neighbours, who intend, as wee 



1669] RECORDS AND FILES 121 

Joseph Leigh, upon proclamation, none objecting, was released 
from his bond for good behavior, as were also John Leigh, sr., 
and Samuell Hunt. 

John Ring, bringing Wm. Linkhome and his wife into court, 
was discharged. 

Constance Longhome chose Richard Thurlay as her guardian, 
who gave bond for the estate in his hands. 

Peeter Strickland, for breaking up a shop and stealing serge 
and cloth from Joseph Prince, was ordered to pay treble damages 
to said Prince and to be whipped. 

Peeter Strickland was ordered to be delivered to Nath. Wells 
to serve him for a year provided he give bond to pay lOli. in 
com and pork, one-half in six months and the other half at the 
year's end, to defray court charges. 

John Emery, bringing in acquittances of the discharge of the 
portions ordered by the court, was to have his deed delivered, 
but one being incomplete, he and his son John Emery, jr., bound 
themselves to bring in an acquittance from the youngest child of 
John Webster. 



heare now to propoimd it, will be a great damage & oppression 
to some pticular persons — have it so done, & the old way by 
the River taken away or altered; wee cannot see how it can be 
any advantage, but rather a disadvantage to the Country & 
especially to o' Towne who have constant use of y* way." 

Na^. Saltonstall's* petition: ''I am desired by Jn^. Haseltine 
(who understands that his Brother Robert & a few others, for 
theire owne private convenience, whithout any advantage to the 
Country but apparently to his great damage & contrary to his 
consent & y^ approbation of the Towne of Haverhill) are aimeing 
at & endeavouring the alteration of the Country way from the 
River side over ag* Haverhill to signifie that it will be very prej- 
uditiall to y* s*' Jno. to have the way altered, so as to enclose the 
way that now is betw: the feilds & the River, which is all y« 
way that he hath to his house & land y * stands by y * River betw : 
Land of Robert Haseltine & other land y* y^ s"^ Robert hath late- 
ly sold. Some of this towne & my selfe for one were formerly 
consenting to the alteration of the way, y^ new one intended 
being not much farther about, till we heard y* Robert Haseltine 
& ]m successor did intend to fence in & impropriate the old 
way upon the banke side, w^^ was never consented to y* I know 
of nor approved of by y* Towne, but now utterly opposed as may 
appeare by a writeing under y« hands of our Select men," etc. 

^Antograph. 



122 IPSWICH QUABTEBLT GOUBT [Mar. 

Marke Hascall dying intestate, court granted administration of 
the estate to Hanah Hascall^ widow of Marke, who brought in 
an inventory amounting to 3701i. 8s. 3d. Court ordered to the 
two children left, Wm. and Marke, 2001i., the eldest to have a 
double portion, and the rest of the estate to the widow Hanah 
Hascall. Ordered also that Mr. Edmimd. Batter, Wm. Hascall, 
Hugh Woodbury and Nicolas Woodbury be overseers. 

Capt. James Smith, attaching Rich. Rowland, and not pros- 
ecuting, was allowed costs. 

'' Having heard the complaint p'sented to this coiu*t ags^ 
m' Edward Woodman, do judge some passages relateing to 
m' Parker & m' woodbridge to be faulse and scandulous and 
that concemeing Capt. Gerish, reproachfull and pvokeing and 
the whole gen'"' offensive. And hath therfore ordered that the 
sayd m' woodman shall be seriously & solemnely admonished and 
enioyned to make a publique confession at the next publique 
Towne or church meeting at Newbury of his sinfull expressions 
& iust offence that he hath given or elce to pay five pounds & 
to pay costs and fees." 

''I dissent from this sentence, Samuell Symonds." 

"And I dissent, Wm. Hathome." 

"We conceiue the law allows not liberty to the members of 
this court to enter their dissent in this case, being a criminall 
case & not properly concemeing religion or any other qualifica- 
tion mentioned in y^ law. Symon Bradstreet, Daniell Denison." 

Mr. Edward Woodman appealed to the next Court of Assist- 
ants. Wm. Tittcombe, surety.* 

^Warrant, dated Mar. 31, 1669, to Mr. Edward Woodman to 
appear at Ipswich court upon complaint of Richard Kent and 
others for words spoken in a public meeting tending to the dis- 
paragement of Mr. Parker and others, signed by Robert Lord,t 
cleric, and served by Caleb Moody,t deputy constable of New- 
bury. 

Mr. Ed. Woodman's biU of cost, 21i. 5s. 8d. 

Richd. Kent, Henry Short and Ant. Sumersby complained that 
"M' Edw. Woodman spake in a Towne assembly before strangers 
publiquely" on Mar. 1, 1668-9, "That M' Jn* Woodbridge was 
an Intruder, brought in by craft & subtilty & so kept in, not- 
withstanding he was voated out twice; w^ wee know is untrue, 
& looke upon as scandalous." He also said to Mr. Parker that 

fAntograph. 



1669] BBOOBDS AND FILB8 123 

be was an Apostate & backslider from the truth, that he would 
sett up a Prelacy & have more power then the Pope, for the 
pope had bis counsell of Cardinalls; that his practice or actings 
did not tend to peace or salvation, That he was y^ cause of all o' 
contention & miserie, that his gray haires would stand where 
Capt. Gerrish his bald pate would ... to the great disturbance 
of o' peace both Civill & Ecclesiasticall." Wit: Nicolas Noyes, 
Ens. Jno. Knight, Tristram Coffin, Tho. Hale, sr., Joseph Mussey 
and Nath. Clarke. Sworn in court. 

Copy of record of Newbury town meeting, Nov. 1, 1666, of 
which Mr. Woodman was moderator, concerning Mr. Wood- 
bridges rates. Also copy of a record of Apr. 25, 1666, Mar. 4, 
1666, Mar. 2, 1667 and Nov. 1, 1665, concerning Mr. Parker's 
and Mr. Woodbridg's rates, etc. Copy made by Anthony 
Somerby.* 

Judgment of Samuel Symonds* and Wm. Hathome: Having 
heard the complaint made by members of the church at Newbury 
against Mr. Edward Woodman, also a member, for speaking 
against their pastor. Rev. Mr. Parker, and Mr. Woodbridg, 
"who hath for divers yeares exercised his giufts amongst them," 
and the testimony on both sides, they foimd ''the matter to be 
much altered from what the naked words as they are expressed 
in tike writing doe hold forth. We pceive that a great part of 
that church doe stande for the congregationall way of church 
government & discipline to be exercised amongst them (which is 
the way this govemm^ & churches here doe pfesse to the wholl 
world to be &e way & onely way according to the gospell of 
Christ), & that it is & hath bene for a longe time a very great bur- 
then & grievance to them that they have not freedome in that 
respect (when there is occasion of actings) as by the worde of 
God they ought to have & oUier churches have in this coimlay, 
and at tike brining their owne church alsoe quiettly did enjoy 
for some space of tyme: & that the alteracon hath occasioned 
much difference & unquiettnes amongst them . . . Court 
require that all psons concerned on both sides for the future doe 
use their utmost endeavour to settle truth & peace amongst 
them: & freely to blame themselves at some convenient church 
meeting for their errors & miscarriages & actings or unbecoming 
words in their publig agitacons; and that Mr. Woodman in par- 
ticular should soe doe." 

John Pike^ testified that he was present at the church at New- 
bery and heard the Reverend pastor preach from 18 Matthew, 
17th verse, in which he held that the power of discipline 
belonged to the whole church and that the manner of their join- 
ing together ought to be by covenant for enjoining the ordinances 
of Clurist together. He strongly proved his doctrine by many 
passages in the old and new Testaments. Deponent made some 

* Autognph. 



124 IPSWICH QUARTERLY COURT [Mar. 

John Chub, for killing Renold Foster's horse, was sentenced to 
pay 51i. to said Foster and 51i. to the county or else to be 
whipped. Also to pay Thomas Low 10s.* 

notes of the sermon. After the sermon they joined together and 
chose their pastor Mr. Parker, who accepted the call, and went 
on with them according to the covenant. Those who afterward 
joined the church accepted the said covenant, and tiiey were 
voted upon by hand vote ^'& soe Continued together louingly a 
Considerable time of yeares vntill other Doctrine began to be 
preached amongst vs." 

WiUiam Titcomb, John Emery, Robert Coker and Thomas 
Browne deposed that on Lord's day. Mar. 21, 1668-9, after exer- 
cise, Mr. Parker put this to vote, ''That thos that are for the 
Discontinuance of my cosen woodbridge in the way of Preaching 
as formerly he hath Done untill further order be taken let them 
spake. Afterwards m' Parker Exprest thus, thos y* are for the con- 
tinuance of my cosen woodbridge in the way of preaching as for- 
merly he hath Done let them expres themselves by the3rr silence." 

Jams Ordway, Abraham Menll and John Bayly deposed that 
when Mr. Woodman said that Mr. Parker was the occasion of 
these contentions "by his apostesey and Declention (he aded) 
from the Principals that you haue both Preached and Pracktised: 
and also Proued by the word of god that mens consencis weare 
ingaged in it that thay canot Depart from it unto this Day." 
Sworn in coiui;. 

Mr. Nicolas Noyse, Capt. Gerish, John Ejiight and Joseph 
Mussye deposed that "when the Church expressed they were not 
ripe to call M' Jn* Woodbridge to office For the present That at 
the same time it was by verball exspressions Agreed he showld 
Continue in preaching to the Congregation many afferming & not 
one man expressing there dissent in our hearing." Sworn in court. 

Richard Bartlet, Jams Ordeway and Johji Emerey testified 
that in a public meeting, Mr. Parker said that "for the time to 
come I am Resolued Nothing shall be brought in to the church 
but it shall be brought first to mee: and if I aproue of it: it shall 
bee brought in: if I do not aproue of it it shall not be brout to 
the church." Sworn in court. 

John Emery, sr., John Emery, jr., Abraham Meril and John 
Bayly deposed. 

Mr. Ed. Woodman's plea and the votes concerning Mr. 
Woodbridge. 

^Warrant, dated Mar. 17, 1668, signed by Daniel Denison.t 

Abigail Story, aged fifteen years, testified that she was living 
at Goodman Lowes and was in the room where her master was 
the morning the horse was hurt, and heard nothing about it 

t Autograph. 



1669] BEOORDB AND FILBS 125 

until after her master bad gone out to work. Then John Chub 
brought in word that the horse was hurt. Martha Low testified 
the same. 

John Chat[er] aged about forty years, deposed that he was at 
work when John Choub came to him and deponent asked him 
why he killed Goodman Foster's horse, and he said he did him 
no harm, neither did his master. When he found the horse bloody, 
he believed it was done at Goodman Stoiy's or that some cattle 
had done it with their horns, etc. Sworn in court. 

Martha Low, aged twenty-eight years, deposed that she heard 
John Chub say that when he was before the Major in examina- 
tion, the Major so looked on him that he knew not what he said, 
and that if he could save hunself by telling two or three lies and 
turn it to anybody else, he was boimd in conscience to do so. 
Sworn in court. 

John Chub, aged about eighteen years, deposed that he went 
out to fodder his master's cattle and saw Goodman Foster's 
horse, which afterward lay in the snow most of the day. Fur- 
ther he said that his master carried no weapon, but there was a 
pike and a pitchfork about the place, etc. Sworn, Mar. 17, 1668, 
before Daniel Denison.* 

John Bumum, jr., deposed that John Chub said he knew how 
the horse was woimded, etc. Sworn, Apr. 7, 1669, before Daniel 
Denison.* 

Naomi Wells deposed that Chub said "why should I not cleare 
m3^sdfe, my master is buter abell to pay for it then I." 

Seth Story, aged about twenty-one years, deposed that he was 
sent by his imcle to view his horse and he opened him and f oimd 
the wound, etc. 

Thomas Walls and wife and Thomas Clougen testified that 
Goodman Low came to work at a seasonable time the morning 
the horse was killed, when the sim was a half hour high, etc. 

Abigail Story deposed that Goodwife Lowe said to her uncle 
that their horse had bitten his horse, etc. 

Thomas Lovell deposed. His wife mentioned. 

John Bumum, jr., son of Thomas Bumum, sr., deposed that 
he saw Thomas Low, jr., run at Renall Foster's horse with a 
pitchfork, etc. 

Isacc Foster, jr., deposed that he went with his father to 
Low's, ete. 

William Story, aged about nineteen years, deposed, that being 
desired by his imcle Foster, ete. The horse had a cut in the 
bladder which was done by some weapon. 

Thomas Walls deposed that he liv^ at Goodman Foster's the 
latter end of the last summer, ete. That having occasion to go 
to Goodman Fostor's, he went in by the way to Goodman Lowes 
house, ete. 

* Autograph. 



126 IPSWICH QUABTEBLY G0T7BT [Mar. 

John Chub engaged to serve Thomas Low until he be satisfied 
for his engagement to the court for defraying his fines and court 
charges. 

Mr. Willson was ordered to have 31i. for a year's salary for 
keeping the house of correction. 

Wm. Quarles, complaining against Elizabeth, wife of Wm. 
Linckhome for accusing him of assault upon her, court ordered 
that she make a public confession that she had done him wrong. 

Rich. Rowland was boimd for good behavior toward his brother 
Capt. James Smith, during the pleasure of the court. 

Richard Rowland was bound for the good behavior of his wife 
Mary toward all men, especially toward her brother Capt. James 
Smith. 

Capt. James Smith was boimd for good behavior toward his 
brother and sister, Richard Rowland and wife Mary. 

Frances Thurlay was discharged of his presentment, not being 
in the compass of the law of pemiscious lying; but being the 
occasion of much trouble, he was to pay the witnesses only.* 

♦Francis Tharlay's petition for the court to examine the testi- 
mony: "how those persons could sweare to such a testimony, or 
expect I should; to deceiue the Court as the worsh'pfull 
m' Broadstreet said to mee (that is) saying the commissioners 
tooke up the case themselues: and in a violent way carryed the 
thing, against John Webster in all three particulars in the attach- 
ment, when the action was neuer tryed, yet I am presented for 
a lye; in saying I neuer saw nor heard the writeing, which I 
stand to and must to my death, that I did neuer to my under- 
standing see or heare such writeing, till it was giuen into the 
Court. And m' Hills askeing mee next day, how I could sweare 
to such a writeing, mazed me, and I presently denyed it, and 
said I neuer heard of it, nor was euer desired by any to see such 
writeing, as for me to sweare to it: and how any should judge I 
did that which I was euer Ignorant of: is not to be conceiued," etc. 

Francis Thurlo "desireth the honoured Co. to consider whether 
it were zeale Against sin or Appearances therof which drew on 
the presentment Ag* him, for theis Reasons. First Jo. Webster 
opei^y before the Congregacon sayd that the ferst euidence of 
mine, and the 2d wherby I was snared were all one or that there 
was no difference in them onely one was the matter and the 
other the maner of the Commissioners proceedings, which how 
imtrue and inconsistent the papers may manifestly declare. 
Secondly in the Agitacon Aforesayd when I AUedged my not 



1669j BSOOBDS AND FILB8 127 

Mr. Baker's license was renewed for a year, also his license 
for liquors. 

Capt. White; Frans. Wainwrite and Thomas Bishop had their 
licenses renewed for a year. 

Court adjourned to the last fourth day of this month at 9 of 
the clock. 

Inventory of the estate of Marke Haskall, taken 27 : 11 : 1668, 
by Thomas Lawthroppe, Richard Brockens and John Hill: 
Money, wearing apparel, musket, two blunderbuses, household 
furnishings, house and orchard, domestic animals, one bible, and 
a ketch at sea; total, 2671i. 8s. 3d. On Mar. 24, 1668-9, the 

heareing the euidence at m' Noyes lane end & that it was sayd it 
was & that one of Jo. Websters witnesses did see it ouer his shol- 
der. And that to discouer the mistake therin I sayd that cold not 
be for Jo. Webster was on his mares back. Jo. Webster charged 
me with f alshood or lying sa3ring that he had no mare the wMch 
was utterly untrue as hath Mamfestly Appeared yet theis things 
are let pass & myself presented tho on exact inquisicon in the 
Church he could not make out his Comp^ Ag* me." 

Bichard Thorlla and his wife Jane Thorlla testified that they 
heard their son Frances tell John Webster, when serving the 
summons to appear in the case between Webster and the com- 
missioners, that he had already testified all he could, etc. 

Thomas Thorla, brother of Francis, and Peeter Cheeny deposed. 

Isrell Webster, aged about twenty-five years, deposed that 
during court he was in a little room at Mr. Baker's and heard 
John Webster read the testimony and the latter told Thurly that 
it was not that to which he made oath before Major Denison, 
but another, and Thurly understood it so. Sworn in court. 

Persevell Loell and John Webster deposed that at the lane's 
end near Anthony Morsis shop, the evidence was read to Thurly 
and he said he would swear to it in court, etc. Sworn in court. 

Persevell Loell, aged thirty years, and Isrell Webster, aged 
twenty-five years, deposed that being at John Webster's house, 
Webster asked Thurly why he carried the matter before the 
church as to lay an aspersion upon him and he said he would 
go then to Mr. Parker, clear said Webster and take the blame 
himself, etc. 

Richard Bartlet, aged about forty-seven years, deposed that 
Francis Thurly said at Steven Swet's that he heard the writing 
read, etc. Sworn in court. 

John Woollcot and wife Mary deposed. 

Gorge Jeferey, aged forty years, deposed. 



128 8ALI8BT7BT QUARTERLY COURT [Apr. 

ketch was appraised by Wm. Hodge, Hugh Woodbery and Thomas 
Woodbery at 1401i.; earnings, 501i. 

Court held at Salisbury, 13 : 2 : 1669. 

Grand jury: Rich. Wells, foreman, Isaac Buswell, Sam. FeDoes, 
Tho. Davis, Daniel Hendrick, Wm. FuUar, Henry Green, 
Abraham Pirkins, Robert Smithe, Henry Moulton, Tho. 
Barnard, Wm. Sargent, sen., Wm. Barnes, Leift. Challis and 
Jonathan Thing. 

Jury of trials: Jno. Redman, sr., Georg Goldwyer, Rich. 
Hubbard, Jno. GQl, Steven Kent, James Davis, jr., Steven 
Webster, Godfrey Dearbome, Morris Hobbs, Christ. Palmer, 
Nicolas Lissen, Jno. Robison, Tho. Barnard and Willi. Sargent. 

Nicolas Lissen acknowledged judgment to Moses Gillman to be 
paid in kind according to a bill of 191i. under his hand, 1667. 

Court judged that Andrew Grele was not legally chosen con- 
stable of Hampton. 

Dan. Ela v. Robert Swan. For altering the propriety of a par- 
cel of land of said Ela's by ploughing without his rights or any 
1^^ bargain. Verdict for defendant. Court did not concur 
with the jury. 

Nic. Lesen v. Abraham Collins. Non-performance of a promise 
in not securing plaintiff from Moses Gillman, said Lisen being 
bound for payment of a pair of oxen to said GiUman in behalf of 
Abraham Collins. Withdrawn.* 

Nic. Lissen v. Abraham Collins. Trespass. For making use of 
plaintiff's logs which were cut and hauled and for not laying so 
many in place again. Withdrawn. 

Nic. Lissen v. Tho. Mounsell. Breach of covenant. For not 
cutting and hauling logs to his mill at Lampereele river. With- 
drawn.t 



*Writ8, signed by John Gillman,]: for the court, and served by 
Abraham Drake,]: marshal of Hampton. Bond of Abraham (his 
mark) Colines, John Randt and Arther Benicke.]: 

tWrit, dated Nov. 30, 1668, signed by John GiUman,]: for the 
court, and served by Abraham Drak,]: marshal of BDampton. 
Bond of Thomas (his mark) Mounsell, James (his mark) Thomas 
and Nickolas (his mark) Doe. 

lAatograph. 



1669] BBCORDS AND FILES 129 

Jno. Stevens v. Ezekiell Wathen. Slander. For saying his 
daughter Mary Stevens was with child before she was married. 
Verdict for defendant. 

Joseph Davis v. Capt. Barefoot. For taking 201i. of plain- 
tiff's estate by an assigned execution upon Davis' goods, apprais- 
ing the goods at an under rate, which execution was assigned to 
Capt. Barefoot by Rich. White, then of Kitterie. Verdict for 
plaintiff. Appealed to the next Court of Assistants. 

Georg Martyn v. Willi. Sargent, jr. Slander. For saying that 
said Martyn's wife had a child at Capt. Wiggin's and was wringing 
its neck in Capt. Wiggin's stable, when a man entered, and she 
took him by the collar and told him she would be the death of 
him if he told. Verdict for plaintiff, a white wampam peague or 
the eighth part of a penny damage.* 

Georg Marilyn v. Willi. Sargent. Slander. For sa3ring his 
wife was a witch. Verdict for defendant. Court did not concur. 

Georg Martyn v. Tho. Sargent. Withdrawn.! 

Mr. Simon Bradstreet v. Jno. Fousham, sr. Debt. For an ox 
and com. Verdict for plaintiff. 

Sam. Buswell v. Andrew Grele, Willi. Buswell and Tho. Brad- 
bury. For not laying out his division of the 500 acres at 
Mr. Bat's hill according to town grant, nor according to his 
proposition. Withdrawn.]: 

* William Fifeld, sr., deposed that as long ago as when Susanab 
North lived with Capt. Wiggin's at Squamslmt, she who is now 
the wife of Gorg Martin, there was a fellow who came through 
Hampton who lived at Capt. Wiggin's and reported this story. 
The fellow said he had occasion to speak with Mrs. Bachelldor, 
with whom said Susana had lived, and she said the latter was not 
well. Sworn in court. 

tWrit: Gorge Marttin v. Thomas Sargent; slander; for saying 
that his son Gorge Marttin was a bastard and that Richard 
Marttin was Goodwife Marttin's imp; dated Apr. 8, 1669; signed 
by Bichard Currier,§ for the court; and served by Robart Jones,§ 
constable of Amisbury, by attachment of house and land of 
defendant. 

{Writ, dated Apr. 1, 1669, signed by Richard Currier,§ for the 
court, and served by Henry Browne, § deputy constable of Sals- 
bury, by attachment of the land near the house of Capt. Brad- 
bury and land of Buswell and Andrew Greely, sr. 

§Aiitograph. 



180 8ALISBUBT QUABTBBLT COURT [Apr. 

James Kid v. Jno. Brey. For fraudulant dealing and surrep- 
titiously taking away writings at the dwelling house of Abraham 
Corbett on Apr. 6, upon which day the matter was to have been 
arbitrated. Nonsuited."** 

Edw. Go[v]e v. Town ci Salisbury. For not laying out to him 
those divisions of land which belong to the commonage, which he 
bought of Josiah Cobham. Verdict for plaintiff, thirty acres of 
land in the division above the null, and ten acres of land for his 
division of the 500 acnres of sweepage in the cow common. Court 
did not concur. 

Mr. Jno. Groih v. Joseph Dow. For 40b. 3d. pay due plaintiff 
for the cure of a cancerous ulcer in the mouth of a diild of said 
Dow's. Verdict for defendant. Court did not concur. 

Edw. Colcord. v. Natt Boulter and Francis Page. Review of a 
case tried at last Salisbury court concerning a piece of meadow 
in which the title and matter of trespass is also concerned.! 

Ed. Colcord v. Jno. Stanell and Henry Roby. 

Ed. Colcord v. Henry Roby and Abraham Drake.! 

Capt. Pike v. Jno. Godfrey. For taking away a cow, horse, 
some bedding and other household goods belonging to said Pike, 
which goods were left in the house of Mr. Cutt in Amsbury, 
whereby he is put to great trouble and charge to preserve the 
same from paying the debts of Edw. Cottle. Verdict for plaintiff. 

Matthias Button v. Jno. Godfrey. For firing his chimney 
which caused his house to bum and the goods therein, also the 

♦Writ, dated Apr. 7, 1669, signed by Elias St[ il leman,§ for the 
court, and served by Gowen WiIson,§ constable of Kittery, 
who committed defendant to York prison, here fusing to give ball, 
but bail was later furnished by the jailor. 

fWrit, dated Apr. 8, 1669, signed by Samuell Dalton,§ for the 
court, and served by Will. Fifield,§ depu^ constable of Hampton, 
by attachment of the bam and yard of Frances Page. 

{Writ: Edward Colcord v. Abraham Drake, marshal, and 
Henery Roby; assault and battery; assaulting him in his own 
house, woundmg him and illegally endeavormg to break open his 
house when he was peaceably at his calling with his own family; 
signed by Samuell Dalton,§ for the court; and served by Will. 
Fifield,§ deputy constable of Hampton, by attachment of the 
bams and yards of defendants. 

fAntograph. 



N. 



V 



1609] BBCOBD8 AND FILB8 131 

death of his wife, and for rmming away aa soon as he had done 
it. Verdict for plaintiff, 23811. 2&. 

The. Eyer took the freeman's oath. 

Rodg. Eastman, for reasons appearing to this court, was dis- 
ohai^ed from being constable for the town of Salisbury. 

Capt. SaltingstaJl, being chosen by the town of Haverhill and 
presented to this court for clerk of the writs, was confirmed. 

Nicolas Ussen v. Harlackinden Ssrmonds and Mr. Willi. 
Symonds. Review of a case tried at Salisbury court in April, 
1668, concerning a title of land at Lampreele river. Vardict for 
defendant. Appealed to the next Court of Assistants. 

Jno. Hoyt, jr. was licensed to keep the ordinary for Amsbury 
for the ensuing year. 

Henry Palmer, Wm. White and James Davis, sr., were con- 
firmed and sworn oommissionars to end small cases for Haverhill. 

Capt. Pike, Capt. Bradbury and Richard Wells took the three 
men's oath for ending small oases for Salisbury. 

Capt. Hussey, Mr. Jno. Sambom and Mr. Dalton took -the 
three men's oath for ending small cases for Hampton. 

Edmund Elliot took the constable's oath for Amsbery for the 
ensumgyear. 

Jno. Griffyn was allowed to keep the ferry for Haverhill.* 

Exeter, being presented for want of a pound and the presait- 
ment owned, court ordered that the town pay 61i. unless a suffi- 
cient poimd be finished by June IS.f 

Leift. Challis, Rich. Currier and Wm. Barnes were sworn to end 
small cases for Amsberie. 

Mr. Colcord desired to have Jno. Redman and Christopher 
Pahner taken from the jury in the case between him and Fran. 
Page and Boult, because they were the cause of all the trouble, 
and court ordering the case to proceed, he refused to appear. 

John Godfrey was bound in lOOli. not to depart without license. 

^Petition of George Browne,t James Pecker,} Robard Swon,} 
Stephen Webster} and Henry Pahner,]: dated Apr. 19, 1669, for 
^ipointment of John Griffing. 

fSmnmons, dated 4:1: 1668-9, to Exeter inhabitants, rep- 
resented by John Gillman, and to witnesses, Jonathan Thing and 
John Gillman, signed by Tho. Bradbury,} rec. 

{Autograph. 



132 



SALISBUBT QUARTEBLT COURT 



[Apr. 



Upon complaint of Rich. Smith against Moses Worcester and 
Robert Downer for taking away a steer of his feloniously without 
the consent of Smith and killing it in the house of Timothie 
Worcester, court found said Worcester and Downer guilty of 
high misdemeanors, for which they were fined and ordered to 
have a serious admonition* 

Moses Worcester, presented for cruelty to certain cattle, was 
ordered to have a legal admonition. 

Anthony Stanian, presented for not having accommodations 
for horses and other conveniences according to law was fined, and 
in case of non-payment was to appear at next Hampton court. 

Edward Goodw3m, presented for swearing and other mis- 
carriages about threatening to stab Tho. Hoyt, was Gned. 

Tho. Barnard was sworn clerk of the market for Amsbury. 

Mrs. Hannah Carleton and Peter Eyer were ordered to take 
care of the estate of Mr. Jno. Carleton, late of Haverhill, until 
next Hampton court, and were empowered to receive and pay any 
clear debts but not to alienate any of the land. 

Jno. Severance had his license renewed for keeping the ordinary 
for Salisbury the ensuing year. 

Steven Dowe and Nathaniell Smithe took the freeman's oath. 

Jno. Hussey was presented upon suspicion of not frequenting 
the public ordinances. 

Steven Huse and Tho. Chase were convicted for not coming to 
the public ordinance. 

Bond of Jno. Severans and Richard Otis for Nicolas Lissen's 
prosecution of an appeal in the case of said Lissen v. Mr. Har- 
lackinden Symonds and Mr. Willi. Symonds. 

John Godfrey, for wicked and most pernicious subboming of 
witnesses to the perverting of justice both by himself and otiiers, 
sometimes by hindering persons from giving evidence and some- 
times instigating some to give false evidence, was sentenced for 
these horrible and destructive crimes to pay lOOli. Gne and to 
stand upon the piUory one hour, with this inscription written in 
capital letters upon a paper fastened upon him: ''JOHN GOD- 
FREY, FOR SUBBORNING WITTNESSES." This was to be 
put into execution upon the next lecture day at Salisbury near 
the meeting house. He was also utterly disabled from giving 
evidence in any case hereafter unless he be restored by authority, 
and to be committed to prison until the sentence be performed. 



1669] BBCOBDS AND FILES 133 

The constable of Salisbury was ordered to provide a pillory 
and set it up against the 22d day of the second month, 1669, 
somewhere near the meeting house. 

Edw. Colcord, for violently resisting with weapons the marshal 
of the county of Norfolk in the execution of his office, court 
judged that he had broken his bond for good behavior given at 
Hampton court in 1668, reserving Uberty for the chancering of 
the bond, which was to be done at the next Hampton court. 

Court ordered Capt. Pike to send for Rich. Mart3m to answer 
a presentment. 

Susannah Martyn, wife of Georg Martyn, was ordered to be 
committed to prison unless she give bond of lOOli. for appearance 
at the next Court of Assistants upon suspicion of witchcraft. 

Daniell Ela was allowed to keep a public house of entertain- 
ment at Haverhill and to sell wine. 

Georg Martyn gave bond for his wife's appearance. 

Jno. Godfrey owned that his dwelling or usual abode was at 
one Francis Skerries in Salem. 



Writ: Mr. Thomas Bradbury v. Nathaniel Boulter; debt; 
dated 26 : 9 : 1668; signed by Samuell Dalton,"** for the court; 
and served by Abraham Drake,'*' marshal of Hampton. 

Writ: Walter Barefoote v. Andrew Wiggin; molestation; for 
arresting him in an action to the value of l^OOOli., called an action 
of high defamation, for saying that Wiggin had robbed him, laying 
felony to his charge; dated Dec. 21, 1668; signed by John 
Gillman,* for the court; and served by John Roberts,'*' marshal 
of Dover. Bond of Jonathan (his mark) Thing and Andrew 
Wiggin.'*' Also another writ of the same date, for not delivering 
a pocket pistol and a writing wherein Capt. Thomas Wiggin was 
engaged to pay to said BardFoote 2001i., which pistol and writing 
were violently taken from Barefoote by Wiggin. 

Writ: John Bond v. Mr. John Groth; debt, to be paid in 
Indian com; dated 15 : 11 : 1668; signed by Samuell Dalton,* 
for the court; and served by Abrah. Drake,'*' marshal of Hampton. 

Writ: Mr. Andrew Wiggins v. Capt. Walter Bearfoot; for 
refusing to deliver a biU of 151i. which plaintiff made to Thomas 
Read and the latter assigned to said Bearfoot; dated 20 : 12 : 
1668; signed by Samuell Dalton,'*' for the court; and served by 
Abraham Drake,* marshal of Hampton. Bond of Walter Bare- 
foote."* 

Writ: Nicolas Lisson v. Robert Wadloe; molestation, in being 
arrested and turned out of his mill contrary to contract; signed 

* Autograph. 



184 BALISBTniT qUABTlBBLT COXTBT [Apt. 



bf John Qillman,* for the court; and served by Abraham Drake,* 
marshal of Hampton. 

Writ: Nickolas Lesson v. Robart Wadgley; for not building 
a sufficient sawmill according to agreement; dated Mar. 11, 
166S-9; signed by John GiUman/ for the court; and served by 
Abraham Drake/ marshal of Hampton, by attachment of defend-^ 
ant's boards and pipestaves. 

Writ: John Redman, jr. v. Joseph Bery; for cost in pounding 
a mare of Robert Smith's; dated Apr. 2, 1669; signed by Samuel! 
Dalton,* for the court; and served by Nichols^ Smyth,* con- 
stable of Ebceter, by attachment of the house and ground of 
Joseph Bery. 

Writ: Capt. Christopher Hussey v. Henry Green; for not 
performing a bargain concerning a parcel of land formerly bought 
of said Green, lying at the westerly end of Capt. Hussey's farm, 
on the south side of Falls river; dated Apr. 2, 1669; signed by 
Samuell Dalton,* for the court; and served by Abraham Drake,* 
marshal of Hampton, by attachment of house and land of 
defendant. 

Writ: Roger Collins v. Comelus Laiy; debt; dated Apr. 8, 
1669; signed by Samll. Dalton,* for the court; and served by 
Nicholas Smyth,* constable of Eketer. 

Summons, dated 14 : 2 : 1669, to Jno. Griffyn, Abraham 
Whitticker, Marshall Drake and Joseph Davis, to answer such 
things as the court should think meet to require of them in behalf 
of the coimtry, signed by Tho. Bradbury,* rec., and served by 
Abraham Drake,* marshal of Hampton. 

Writ: Henry Roby, assignee of Mr. Nathaniell Fryer v. 
£!dward Colcord; debt; dated Apr. 8, 1669; signed by Samll. 
Dalton,* for the court; and served by Abraham Drake,* marshal 
of Hampton. 

Writ: John Stanyen and Henery Roby, as his attorney v. 
Edward Colcord; for illegally and vexatiously prosecuting at the 
last Hampton court; dated 8:2: 1669; signed by Samuell 
Dalton,* for the court; and served by Will Fifield,* deputy 
constable of Hampton, by attachment of bams of defendants. 

Writ: Selectmen of Hampton v. Henry Green; trespass; for 
fencing in a highway, appropriating it to his own use, which was 
purchased by the town of John Wedgwood in 1650, and lay 
through the lot which was John Wedgwoode's and Will. Fifiidd's 
as appear by town records; signed by Samll. Dalton,* for the 
court; and served by Abraham Drake,* marshal of Hampton, 
by attachment of house and land of defendant. 

John Stanyen, aged about twenty years, deposed that the 
Monday before the court at Hampton, he mended his father's 
stable with boards and nails and made it secure. The first day 

* Autograph. 



1609] BEGOBDS AND FILBB 186 

CODBT HBLD AT IPSWKR^ ApR. 28, 1669. 

The constable of Ipswich was ordered to pay 16b. , whieh was 
expended at the ordinary at Ipswich by the jury of inquest on 
"Cottle's Neger/' and the county treasurer was to reunbesse him. 

Abraham How, presented for reproaching the name ci diveiB 
persons, was ordered to be whipped or pay a fine."** 

Tobiah Perkins and Daniell Wood were fined for complaints 
against them. 

Elizabeth Gater, complained of for abusing the wife of Wm. 
linckhome, was ordered sent to the house of correction for a 
week. Upon entreating the court, her sentence was changed to a 
fine, which Henry Bennett engaged to pay.f 

of the court being a stormy day and many unruly horses being 
put into the stable, they beat down the boards and got out in 
court time and went away, which could not be prevented on 
account of the stormy weather. Sworn in court. 

Venire, dated 4:1: 166&-9, for Exiter men to serve on the 
jury of trials, signed by Tho. Bradbury,} rec., and served by 
Samuel Leavet,t constable of Ebdter, who returned the names of 
Nicholas Lisson and John Roburson. 

*Tobiah Perkins deposed that he heard Abraham How say that 
Wainwright was dead and gone to his long home and his hide 
was carried to the tanners, the hogs ate his carcass and a black 
thing picked his bones. He did not know but it might be ''the 
old boy.'' Also that sad things had befallen Wade and that the 
latter's wife pulled out his beard, which was the reason that he 
had none. Also that Bushipe was sold out of house and home 
and gone to Rowley to live, which might be for buying rotten 
dioes cheap and selling them dear. Sworn in court. 

John Gouldt and Thomas BakerJ deposed that Tobiah Perkins 
said that Epraham Dorman and Danell Wood could say tiie 
same. Sworn in court. 

Johnnathan Wilese deposed that How asked him if he had 
heard any news at Ipswich, etc. Sworn in court. 

William Pebody deposed. Sworn in court. 

tElisabeth Gater deposed that being at Hen. Benit's, Elisabeth 
Lynkhome came in to his house and said that John Ring would 
put deponent in "goule" before Saturday night. Deponent 
carried her out of the house and shut the door. She then came 
in again and bade Goody Bennet and Ben. Moi^ witness that 
d^nent had beaten her, but she said she never struck her. 
Elisebeth Linkhom went for a warrant but in the interim John 

tA.iitograph. 



136 IPSWICH QUABTBRLT COURT [Apr. 

Elizabeth Randall was admonished for disorderly carriage in 
the meeting house.'*' 

Ring came in and said he never said such words and it was a 
notorious lie. 

Elizabeth Linkhom deposed that coming to her dame Bennet's 
house, Elizabeth Gater called her names and threw her down on 
the stoneS; kicked her and knelt upon her, so when she got up 
she ''swounded." Jakob Bennet mentioned. 

Liddia Benit, aged about thirty-six years, deposed. Her son 
Jacob mentioned. Sworn, Apr. 27, 1669, before Samuel Symonds.t 

John Palmer deposed. Sworn, Apr. 27, 1669, before Samuel 
Symonds.t 

William linckhom's bill of cost. 

Benjamin Morgin, aged twenty years, deposed that said Gater 
said she would be the death of Lenckhome's wife, and when the 
latter had gone to Mr. Simond's for a warrant, etc. Sworn in 
court. 

*At a meeting of the selectmen of Newbury, Feb. 4, 1667, 
Daniell Limt proposed for a seat for his wife and several other 
women. It was ordered that the two short seats ne3ct the wall 
be for them, to be made into one or as he shall see fit. On Mar. 1, 
1668, it was ordered that Goody Randall should sit in the fourth 
long seat upon the west side of the meeting house. Copy made 
from the town book by Anthony Somerby.f 

Elizabeth Greenleafe,t aged about thirty-eight years, deposed 
that on Mar. 4 last, EUz. Randol being at the house of Ste. 
Greenleafe, her husband. Ensign John Kmght, one of the select- 
men, asked Eliz. Randal why she would mc^e such trouble in the 
meeting house about the seat granted to Dan. Lunt for his wife 
and other yoimg women, when she had been appointed to a better 
seat, where Goody Godfrey sat. When Knight left, she said she 
did not understand that she was to have that seat, but she would 
be satisfied with that. John Luntf testified to the same. Sworn 
in court* 

Dan. Limt, James Smith and John Kent petitioned for redress, 
informing the court that the wall seat was granted to these 
women nine years before and for various reasons all had left it, 
but now since it had been fitted up, Elizabeth Randall had been 
anxious to sit there. Mr. Parker desired Capt. Gerrish to speak 
to her about it, and although she had been granted another seat 
superior in dignity, she proceeded to press in there and altogether 
unbecoming her sex, to climb, ride or stride over, it being four or 
five feet h^, and to force the door upon the proprietors who 
were in the seat before her, to the disturbance of the congregation. 

Anthony Somerbyf deposed that Goody Randall, being not 

tAutograph. 



1669] RECOBDS AND FILES 137 

John Woolcott and Peeter Tappan were admonished for dis- 
orderly going and sitting in a seat belonging to others.* 

pleased with the seat which has since been made into a pew, used 
to sit commonly in the alley, etc. Sworn in court. 

Summons, dated Apr. 27, 1669, signed by Daniel Denison,t 
for the coiurt, and returned by Daniell Peairc,t constable of 
Newbery, who charged Will. Sayer to bring her to court. 

Daniel Lunt deposed. Tristram Coffin mentioned. Sworn in 
court. 

'*' Summons, dated Apr. 27, 1669, signed by Daniel Denison,t 
and served by Daniell Peairc,t constable of Newbury. 

James (his mark) Ordway, John Woollcot,t Joshua Woodmanf 
and Peter Godfryf acknowledged, June 6, 1662, that they were 
justly blamed for sitting in others' seats contrary to selectmen's 
orders, and promised not to disturb others again. This was made 
to the selectmen, Henri Short, Danell Perc, Richard Knight and 
Hugh March. 

Jo. Woolcott's bill of costs, 27s. 4d. 

Meeting house rates for 1662, paid by Antony Mos, jr., John 
Woollcut, John Webster and Peter Tappen. 

Petition of the selectmen for the court to consider eight articles, 
that there was no need of building more seats, because none were 
needed, etc. 

Nathaniell Cheny deposed that John Woolcot at his house on 
Tuesday night was speaking of the cause between himself and 
WiU. Hareson. That when John Knight was pleading for said 
Hareson, one of the magistrates. Major Hathom, said he pleaded 
like a knave. John Noyes also affirmed the same. 

Danill Peaircf deposed that John Knight and Tristrom Coffen 
were willing that Peter Tappin should sit in the new seat and 
deponent was not opposed to it. 

Nathanel Clarck and Abihill Sumarbee deposed that they asked 
John Woolcot to forbear making a disturbance in the new seat or 
they would have him before the conmiissioners or Ipsweg court. 
He said he was resolved to follow it to the General Court, and if 
he could not sit in that seat he would cut it down. John Rudg 
mentioned. 

Benjamin Rolfe,t aged about thirty-two years, deposed that 
being at Edmund Morsse's house, etc. 

At a meeting of the selectmen, Feb. 25, 1668, upon complaints 
for want of seats in the meeting house, it was ordered that three 
seats be built, the persons plsuced therein to pay porportionately 
for the building. Mr. Richard Dummer, jr., Thomas Woodbridg, 
John Dole, Thomas Noyes, Nathaniel Clark and John Knight 
were placed in the new short seat on the east side of the meeting 

fAntograph. 



188 IP8WICH QUARTBBLT COURT [Apr. 

house, and they to have free sprees and regress through the long 
seat or some other way. Steven Greenleafe^ Thomas Hale, jr., 
Joseph Plumer, William Chandler, John Hale, Caleb Moody, 
Tliomas Tharlay, Francis Browne, Daniel Thurston, Benjamin 
Rolfe, Abiell Somerby, Jonathan Woodman, John Webster and 
John Bartlet, jr., were placed in the long seat adjoining the north 
gallery. Copy made by Anthony Somerby.* 

Danill Peirce,* Hen. Short,* Richard Knight,* Hugh March* and 
Anthony Morse,* selectmen of Newbury, their order to the con- 
stable to collect the rates: ''Wee haue Considered in our pruden- 
tialls that our meeting house haue bin very chargable to the 
Towne & all is not yet paid neither is the house yet finished, and 
wee haue determined the Rates made for it, and wee find that 
the men here expressed haue not paid any thing vnto the building 
of it, who haue the same preuiledges & do enjoy them both they 
and their wiues & familyes as any others do. From Mr. Henry 
SewaU, 21i. 10s.; Abiel Somerby, 15s.; John Bartlet, jr., 15s.; 
Peter Tappan, 15s.; Isaac Browne, 15s.; Daniel Thurston, jr., 
10s.; Jolm Hale, 10s.; John Rofe, sr., 10s.; Daniel Peirce, jr., 
to be paid by John Davis, 19s. 4d. 

Hen. Short,* Richard Knight* and Hugh March,* for the 
selectmen, Feb. 11, 1662, also ordered the constable to receive 
the fine that the Ipswich court ordered William Sawyer to pay. 

Petition of Anthony Morse, sr.,* Richard (his mark) Pettingall, 
Thomas Turuell,* George (his mark) Litle, John Einmerry, sr.,* 
William (his mark) Elsey, Francis Plumer,* Daniel Chayni,* 
Edmund Moores,* John Poore, sr.,* John Poore, jr.,* Josua 
Browne,* John Cheney,* Edward Woodman, sr.,* Willam Titcum,* 
Abraham Toppan, sr.,* Anthony Mors, jr.,* Stephen Swett,* 
John Merell,* John Merell, Archelaues Woodmane, Peter Godfri, 
Danell Merell, Benjemen Morse, Amos Stickni, Abraham Merell, 
Nathanell Merell, John Bayly, William Sayers, Isack Brown, 
Willum Pilsbry, Samell Pore, Edward Woodman, jr., Hugh March, 
Francs Browen, Thomas Browne, James Ardway, Richard Bartlet, 
Benjemen Lowell, Persevell Lowell, John Smith, Richard Fitts, 
John Wells, Eklward Richeson, Jonathan Woodman, Robert 
Cooker, Peeter Toppan, John Einry, jr., Christofer Bartlet, 
Robert Adams, John Pike, John Atkinson, Curmuck Anis, Francis 
Thirill, John Willcot and Peter Cheany: "These are humbly to 
declare our opinions Concerning the Acting of our select men in 
the yeer 1668, Who tooke upon them to buHd three seats without 
consulting with the Towne as to have their Approbation, but of 
their owne motions & for what ends wee leaue it to this Honoured 
Court to Judge first wee doe Conceiue they beeing limited by 
their Instructions as law doth require, they had no power to 
build any seats or any thing of that nature in the meeting house: 
21y: they haue built one of the seats before the formost seat in 

* Aatograph. 



1609] BBC0BD8 AND FILB8 189 

the Gallery A haue placed some behinde, who were placed in the 
fore seat A such as paid Considerable sums to the building botii 
of the meeting house & Galleryes, And before them haue placed 
such as paide nothing to either. And in the Cheife Roomes haue 
placed their owne Children & relations the which Actings haue 
oeasioned much discontent in the Towne helping forward what 
unquietnes is amongst vs allready to a greater height. Our 
desires are that this Court would bee pleased to Comitt the dis- 
posing or placing of men in their seatts to the Towne as wee 
Judge is their right, & will bee a means to preuent Great harte- 
buming & discontent among our people." 

At a meeting of the selectmen, Dan. Peirce, Rich. Kent, Hen. 
Short, John Merrill and Nicholas Noyes, Jan. 28, 1660, ''It is 
agreed by the selectmen on the one party & Henry Jaques the 
other party that the said Henry Jaques shall build a gallery in 
the new meeting house at both ends and all a long on the west 
side, with three substantial! seats all a long both sides and ends, 
the said Henry Jaques shall sell the timber & prouide all stuff, 
both plancks boards Rayles & Juyces and nailes & to bring the 
stuffe all in place, and make for it three paire of stayres and 
whatsoeuer else is requisit to compleat the said gallery, and the 
said select men do hereby engage themselues in the behalft of the 
Towne to pay or cause to be paid vnto the said Henry Jaquess 
out of the Towne rate next to be leuyed the full & Just summe of 
thirty pounds in good currant pay in come or prouisions. Also 
the said Henry Jaquess shall haue all the stuffe of the old gallery 
in the old meeting house. And Henry Jaques doth engage siao 
to lay a floore all ouer the meeting house from beame to beame, 
and the Towne doth engage to prouide Juyces boards and nailes 
in Consideration of the abouesaid thirty poimds.'' 

At a meeting of the selectmen, July 15, 1660, ''For the order- 
ing and setting both of men and weomen in their seats in the new 
meeting house that there may bee no disturbance wee do agree 
(that according to the order made bearing date January 24^ 1^1) 
they may injoy their seats dureing their hues, and that it is in the 
Liberty of liie selectmen from tune to time, if any be remoued 
out of the Towne or by death or otherwise to maJce exchanges of 
Roomes of such as are departed, and accordingly haue drawne a 
list of the names of our Inhabitants, and appointed them their 
places in the meeting house where they shcdl sit, and haue set 
their names on each particular seat, that so there may be no 
disorder, that all may enjoy their places peaceably." 

At a meeting of the selectmen Apr. 23, 1662, "It is ordered that 
all those men A weomen that did consent to leaue their seats in 
the meeting house, and did accept of others for them in the Gal- 
leryes or elswhere withall the rest both men and weomen, that 
are newly seated in the Galleryes or other places, which haue had 
their names sett up in writing in their seats according to the two 



140 IPSWICH QUABTERLT COUBT [Apr. 

In the action of John Woollcott v. Wm. Harrisson, the parties 
agreed to refer the matter to Tristram Coffin and Hugh Marsh 
and the court chose Mr. Joseph Hills, to determine the case 
before the court of election. 

There being 19s. 6d. laid out by the constable of Rowley about 
John Pottle who was committed to prison for murder and broke 

former orders, the one bearing date January 24^ 1651, the other 
bearing date July 15, 1660 they are to enjoy them dureing their 
hues, or vntill they remoue out of the Towne to dwell, and then 
it is in the liberty of the Selectmen from time to time to place 
others in their Roomes," etc. 

At a meeting of the selectmen, Jan. 24, 1651, ''Wheras diuers 
Complaints haue been made from time to time of disorder in the 
meeting house, and some endeauours haue bin made to redresse 
it, and as yet none haue taken effect, neither is it thought that 
the abuses in the youth can bee so easily reformed, unlesse euery 
housholder knows his seat in the meeting house. Therefore the 
selectmen haue taken it into consideration, and haue endeauored 
to their utmost to giue all satisfaction, and accordingly doth 
hereby order that euery housholder both men & weomen shall 
sit in those seats that are appointed for them, hence forward 
dureing their lines, and not to presse into seats when they are 
full al^ady. But if any changes be by death, or otherwise, of 
any that should remoue out of the Towne, then it is in the liberty 
of the selectmen from time to time to appoint who shall sit in 
the Romes of such as are departed. And accordingly haue 
drawne a list of the names of the Inhabitants, and appointed them 
their places in the meeting house where they shall sit, and haue 
set their names in each particular seat where they shall sit, and 
the yong men are appointed to sit in the four backer seats in 
the Gallery, and in the two lower seats at the west doore. This 
was the order for seating in the old meeting house." 

At a meeting of the selectmen, Apr. 23, 1662, ''In the forseat 
of the North Gallery was placed Tristram Coffin, Steuen Gren- 
leafe, Joseph Plumer, John Rolfe, Benjamin Rolfe, Francis 
Browne, Peter Toppan, Anthony Morse, jr., John Hale, Caleb 
Moody, John Bartlett, jr., Abiel Somerby, Daniel Thurston, 
Isaac Browne and John Woollcott." 

Selectmen's instructions for the year 1668: they have power 
to call the town together, to order the herds, to make town and 
minister's rates, to Mr. Parker fourscore pounds and to Mr. 
Woodbridge sixty pounds, and not to exchange or sell any common 
land nor trees nor timber thereon. Copy of the foregoing meet- 
ings made by Anthony Somerby.* 

*Aatograph« 



1669] RECORDS AND FILES 141 

prison, court ordered that the country treasurer discount it with 
the constable of Rowley. 

Upon Marke Quilter's complaint against Thomas and John 
Maning of abusing him in his bam and yard, court ordered that 
they pay fines.* 

*John Leads and Daniell Maning deposed that on Mar. 29, 
1669, they heard Mark Quilter say that he had fully agreed with 
Thomas and John Maning, etc. 

Marke Quilter's complaint: That Thomas and John Manning 
came into his yard and bam violently at an unseasonable time of 
night, and conmianded him to come down from the hay mow or 
else tiiey would fetch him out for he was drunk. Qmlter told 
them that he would when he saw his time and that he was no 
more drunk than they were. They then shut the door and 
pinned it, and when he tried to open it they crushed his fingers 
against ti^e beam so that the blood came. When he tried to get 
out by another door, John Manning threw him down, beat his 
head against the ground and bru£ed him; then his brother 
Daniel Manning asked him why he did so and Goodman Sayere 
came, and Quilter was let free. Chaleb Kembell was a witness 
to these abuses for he came forth out of his bed, being called by 
them. 

Summons, dated Mar. 19, 1668, to John and Daniel Manning, 
also to John Brewer and Goodman Sawyer as witnesses, sign^ 
by Daniel Denison.t 

Thomas Bishopf deposed. 

Moses Pengry, aged about fifty-seven years, deposed that 
about dght days since Mark Quilter in company with the marshal 
and Michall Cresse came out of the common field and stopping 
near deponent's house was overcharged with drink as appeared 
by his faltering speech and countenuice. He also fell from his 
mare as she stood still, and once fell into the water, and "when 
he was downe he was obserued to stagger." 

The wife of Mark Quilter deposed that Thomas Manning came 
to their house the Monday after they had been before the Major 
and desired to agree with her husband, saying he had never done 
him any wrong and as they had lived lovingly together, they 
would go and drink a quart of sack together. Quilter said he 
would consider it a while and the next night Manning came 
again and adced for his brother John. Deponent said her hus- 
band had gone to bed. Another night he came again and her 
husband said if he would let him off the bond, he would agree, 
so they went to the Major's that night. 

James Sayer and wife Martha deposed that on Mar. 18, both 
Thomas and John Manning were at home at prayer in the f ami- 

tAutograph. 



142 IPSWICH QUABTEBLT COUBT [Apr. 

Upon complaint against Thomas and John Maning about 
putting down a calf in the chimney of Marke Quilteri court 
ordered that they pay fines.* 

Caleb Kimball, being presented, was admonished. 

Marke Quilter was fined for excessive drinldng. 

John Downeing, for contempt in not appearing in a criminal 
case when summoned, was Sued, 

Susanna Binge chose her uncle Robert Kinsman as her guardian. 
Bond of Robert Kinsman. 

Thomas Wells, being presented, was fined.t 

Daniell Clarke of Topsfield was licensed to keep an ordinary 
for selling beer and victuals for a year. 

Henry Renolds was to have fis. for hue and cries. 

To Silvester Evely about Peeter Strickland, 2l8. 

Beverly was to pay the constables of Andover and Haverill 
for charges about Joshua Turner. 

Jacob Goodale was ordered to pay Ss. to the constable of 
Andover for bringing home his son. 

ly and soon after, deponents went to bed and left them by the 
&re smoking tobacco. Martha deposed that before she slept, 
she heard them go up stairs to their chamber about the usual 
time of their going to bed. Sworn, 28 : 2 : 1669, b^ore S]rmon 
Bradstreete.} 

*Thomas and John Manning acknowledged, on Mar. 20, 1668, 
a bond of 40s. each to appear at Ipswich court. 

fRichard Brandbroock, aged fifty-six years, deposed that Tho. 
Welles through '* importinence & f ayer smooth wordes as hee can 
doe: ouer came me to giue him an a quittanc: of the finishen of 
myhowse: prmisenmeefaythfully toperforme: alltheCouenant: 
to the drilling of the last nayel & when hee gottin it of me: I 
called him to the perfformanc of it: hee answr^ mee: y^ hee 
had an aquitance & bid mee git it how I could & to this hower I 
remayen vnsatisfied & my work lies undun & also sayd y^ hee 
had nothing to doe with it," etc. Sworn in court. 

John Bayer, aged twenty-two years, deposed. His uncle 
Richard Brandbrooke mentioned. Sworn in court. 

William Knowlton, aged about twenty-six years, deposed that 
Wells was not at Brabrocke's when deponent worked on the 
chimneys, but he sent deponent and John Bare to fetch a canoe 
and to carry it to Bomam's island. Sworn in court. 

John Knowlton, aged about twenty-three years, deposed. 
Sworn in court. 

t Antograpli. 



1669] BBOOBDS AND FILES 143 

Thomas Maning d3mig intestate, and administration having 
been granted to Thomas and John Maning, two of his sons, 
inventory amomiting to 381i. Ss. 2d. was presented to court. 
Court ordered a double portion to Thomas, the eldest, and to 
John and Daniell, the other two children, 91i. 10s. each. 

Inventory of the estate of Thomas Maning, taken Jan. 6, 1668, 
by John Brewer and James Saward: land, household furnishings, 
domestic animals, wearing apparel, tools, etc., 381i. 8b. 2d. 

Wm. Whittridge d3dng intestate and administration having 
been granted to Thomas Whitridge, the debts exceeding the 
amount of the estate, court ordered that all creditors make return 
to the clerk of court within a month, notice in writing to be set 
up at Salem and Ipswich meeting houses. 

Five shillings were given to the house. 

Inventory of the estate of William Whitridge, who died Dec. 9, 
1068, f^praJsed Dec. 16, 1668, and acknowledged by bis son 
Thomas Whitredge: House, lOli.; domestic animals, tools, house- 
hold furnishings, utensils, musket, grain, bam framed, cow bell, 
wearing apparel, etc., 841i. 13s. lOd. 

CouBT HBU) AT Salem, Juns 29, 1669. 

Judges: Mr. Simond Bradstreet, Mr. Samuell Simonds, Maj. 
Daniell Denison and Maj. Wm. Hathome. 

Grand jury: Capt. Walter Price, John Pickering, Lt. Wm. 
Dixy, Jno. Rayment, Joseph Huchesson, George Keaser, Richard 
Beefer, Henry Silsby, Nathaniell Eertland, Will. Clearke, WOl. 
Merriam, Ambross Gale and Richd. Kimball. 

Jury of trials: Mr. Edmd. Batter, Sergt. John Porter, Jno 
Putnam, Nathaniel Felton, Benj. Ballch, Christophr. Lattemor 
Ensign Bancrafte, John Pearson, Richard More, Thomas Farrer, 
Joseph Eavely and Sergt. Thomas White. 

Petition of Richard Kent,* Hen. Short,* Anthony Somerby* 
Wm. Gerrish,* Richard Dole* and Tristram Coffin, concerning 
Mr. Woodman's miscarriages: They referred to the law relating 
to libels, also refuted the charges made in a previous petition to 
which their names were attached, concerning church government. 
That nearly thirty years since at a synod at Cambridge, it was 
agreed that if the ministers thought it most convenient to vote 
by speech and silence, rather than by lifting up the band, they 
had no objection, etc. 

^Autograph, 



144 SALEM QUABTERLT COURT [June 

Chosen to be of the jury upon John Ingerson and Barney's 
account, Robert Lord, Jno. West and Left. Payebody. 

Mr. John Hathome v. Andr. Mansfield. Slander. Review of 
a case tried at Ipswich court about five years since. Nonsuited.* 

John and Nathaniel Ingerson v. Jacob Bamy, sr. Review. 
Concerning some land professed to have been sold by John 
Knight and John Willde by order of Mr. Wm. Paine. The jury 
found a verbal sale by Mr. Paine about 1651. Appealed to next 
Court of Assistants-t 

*Writ, signed by John Fuller,} for the court, and served by 
Robart Potter,} constable of Lynn, by attachment of eight acres 
of salt marsh in Rumly marsh in the first division. 

tWrit, dated Jime 17, 1669, signed by Hilliard Veren,t for the 
court, and served by Henery 8kerry,t marshal. 

Jacob Bamie's bill of cost, lli. 7s. 2d. 

Copy of writ, bond, deeds, depositions, grants and special ver- 
dict in this action tried at the last Ipswich court, made by Robert 
Lord,} cleric. 

Copy of the special verdict brought into court. 

John Knight, sr.,t affirmed, Jime 15, 1669, that he did not sell 
the land to Mr. Payn, but sold him some timber to build a ware- 
house, as the land belonged to his wife. Wit: Joseph Hill|, com- 
missioner, and Daniel Lunt.t 

John Porter deposed. Sworn in court. 

Mighill Cresie, aged about forty years, deposed that about six- 
teen years ago in the winter time, he worked with Jacob Barney, 
jr., one day helping him to get railes and fencing stuff upon the 
farm between Leaches hill and Frost-fish river, adjoining the farm 
of Jacob Barney, sr., and where Jacob, jr., now lives. 

IsraQe Porter, aged about twenty-five years, deposed that the 
fence had stood fifteen or sixteen years, ete. Sworn in court. 

John Putnam, aged about forty years, deposed that the cove 
below Bass point was the bound between Engersell and Barney, 
and from that cove there was a fence made by Jacob Barney, sr., 
to his old house, which had been maintained by Barney for 
twenty-«ix or seven years. He never heard in all the time he had 
lived at the farm that the Engersolls had any land there. 

John Marston, sr., aged about thirty-three years, deposed that 
he mowed for Barney before 1651 on his salt marsh from Leeches 
cove to the westward bounds of the lot over against Farmer 
Porter's, but after 1651 he mowed both the IngersoU lot and 
Barney's. Sworn, 25 : 4 : 1669, before Wm. Hathome,]: assistant. 

Joseph Boice, sr., aged about sixty years, deposed, 25 : 4 : 
1669, that Richard Ingersoll's cattle came into Jakob Bame's 

t Autograph. 



1669] RECORDS AND FILES 145 

Richard Rowland v. Capt. James Smith. Review. Verdict 
for defendant.* 

marsh, etc. ''Joseph Boyse attested to this in y* presence of 
God W"* Hathome,t Assistant. ' ' 

Joshua Rea, aged about forty-one years, deposed concerning the 
fence, the end of which was in open view to those who travelled 
in the country road. Joseph Porter testified the same. Sworn 
in court. 

Francis Skerry, aged sixty years, deposed. Sworn, 29 : 4 : 
1669, before Wm. Hathome,t assistant. 

Frances Nursse deposed that about twenty-three or four years 
ago, etc. Sworn in court. 

♦Writ, dated Jan. 21, 1669, signed by Hilliard Veren,t for the 
court, and served by Richard Rith,t constable of Marblehead, 
by attachment of the dwelling house of defendant. 

Bill of cost, 19s. 6d. 

Ck)py of writ, in a similar action tried at Salem court, 25 : 4: 
1667, made by Hilliard Veren,t cleric. 

Copy of writ in a similar action tried at Ipswich court. Mar. 
30, 1669, made by Robert Lord,t cleric. 

John Peach, jr., aged about fifty-three years, deposed that 
Richard Rowland being at the house of deponent, questioned 
deponent's wife as to what she could say concerning Richard 
C(K>ke's part in the farm, which was five poimds. She asked 
Rowland why his father did not buy it of Coocke, and he replied 
that he bought it for his father, but the latter told him if he 
would pay five poimds to Mr. William Brown for him, in mer- 
chantable fish, he should have Ck>oke8 part. Sworn in court. 

John Furbush, aged about forty years, deposed that bdng upon 
Major Hathom's farm, James Smith, sr., said that the acre of 
marsh now in controversy on the north side of a pond was Row- 
land's, and deponent mowed it. Sworn, 19 : 1 : 1669, before 
Wm. Hathome,t assistant. 

Jno. Peach, aged about fifty-five years, and Ealce Peach his: 
wife, aged about fifty-four years, deposed that Rowland had 
possessed fifteen pounds worth of the farm long ago. Sworn ia 
court. 

John Gatchell, sr., aged about fifty-three years, deposed that 
Smith said that Rowland now had no more cattle than he had 
conmionage for, save only his daughter Mary's mare which he 
would not meddle with. But Mary Rowland came to said 
Smith and made such a moan saying," Unkle if you Doe nott 
helpe mee I am imdone For my Father will not Lett mee haue a 
Commonage For my Mare," that he gave her commonage for a 
year. Sworn, 29 : 4 : 1669, before Wm. Hathome,t assistant. 

t Aatograph. 



146 SALEM QUABTEBLT COURT [JUBC 

Richard Rowland v. Capt. James Smith. Review. Verdict 
for plaintiff.* 

Richard Rowland and wife Mary v. Capt. James Smith. 
Slander. Verdict for plaintiff.f 

John Richardson v. Danll. Bacon. Debt. Withdrawn. 

Samuel Nichob, commander of the ship Jeremiah of BristoU 
y. Edw. Wattkins, Christophr. Smith and Edward Woodman. 
Withdrawn-t 

Thomas Pitman deposed. Sworn in court. 

Jolm Stacy, sr., aged about forty years, deposed. Sworn, 
19 : 1 : 1669, before Wm. Hathome,§ assistant. 

John Legg, sr., deposed that Richard Cook said he had sold 
his share of the farm to Smith. Sworn in court. 

AlUc Peach deposed that living near Goodman Cook and seeing 
them have so much butter and cheese weekly when there was a 
scarcity of it, she asked his wife how she procured it. She 
answered that her husband had sold his share of the farm to 
'' Long " Smith, receiving his pay in provisions. Sworn in court. 

♦Writ, dated 22 : 4 : 1669, signed by Hilliard Veren,§ for the 
court, and served by Richanl Rith,§ constable of Marblehead. 

Richard Roulan's bills of cost, lli. Ss. 6d. and lli. Kte. 2d. 

Richard Rowland's! charges for the arbitration at Mr. Gedney's, 
also for releasing to James Smith his right to a piece of land 
bought of Erasmus James, sr., twenty years ago, etc. 

Copy of depositions and bill in a similar action brought in the 
last Ipswich court, made June 28, 1669, by Robert Lord,§ cleric. 

Mary Rowland, aged nineteen years, and Judeth Groundin 
testified that the serge was not six weeks in the house before it 
was delivered to James Smith. Sworn in court. 

tWrit: Richard Rowland and wife Mary v. Capt. James 
Smith; slander; saying that plaintiff had cheated him out of a 
barrel of pork and nine pair of shoes, for saying he was a common 
liar and was recorded six years ago as such, and that his wife 
killed seven fowls of his, and other reproachful words spoken in 
a public house; dated Jime 21, 1669; signed by Hillyard Veren,§ 
for the court; and served by Richard Rith,§ constable of Marble- 
head. 

James Smith, jr., aged about fourteen years, and Robert 
Randell, aged about fifteen years, deposed that they heard Row- 
land's wife bade the boy to set their dog upon Smith's fowb, etc. 

(Writ: Samuell NichoUs, commander of the ship Jeremiah of 
BristoU V. Edward Watkins, Christopher Smith and Edward 
Woodman; for n^lecting their duty aboard the ship and leaving 
the ship in the time of the voyage for which they were shipped; 

§Aatograph. 



1669] BBCOBDB AND FILES 147 

dated May 24, 1669; signed by EQlliard Verea/ for the court; 
and served by Erasmus James,* constable of Marblehead. 

Francis Cockhill, cooper on the ship Jeremy, deposed at Salem, 
Jime 17, 1669, that Edward Watkins, mate, Chnstopher Smith, 
boatswain, and Edward Woodman, gunner, of said vessel, had 
divers times absented themselves both by day and night without 
license or consent of the master and had left the service of said 
ship. He had never heard the master abuse them. When they 
left, they commanded deponent to put them ashore in the night 
when the master was in his cabin, pretending that they would 
come aboard again in a canoe. He had heard them speak several 
times of bu3ring a ketch or vessel for themselves. Sworn, 17 : 4 : 
1669, before Wm. Hathome,* assistant. 

Thomas Oweing, seaman, deposed that the defendants had bar- 
gained for a ketch and there were but five poimds difference 
between their price and another person. Sworn, 17 : 4 : 1669, 
before Wm. Hathome,* assistant. 

Jonathan Pitman, supercargo, deposed that being at Boston 
loading goods, intending to depart for Marblehead on May 18, 
where they were to take on fish for the voyage, they were much 
hindered by the absence of the men, etc. Sworn, 17 : 4 : 1669, 
before Wm. Hathome,* assistant. 

James Greene deposed that he heard the men say if they could 
have carried their goods in the ship, they would not have left it. 
Sworn, 29 : 4 : 1669, before Hilliard Veren,* cleric. 

Anthoney Willeames deposed that he heard the master say that 
he should not carry the three men out of New EIngland, and as 
for his mate, he was no more mate than a dog, etc. Sworn, 8 : 
4 : 1669, before Wm Hathome,* assistant. 

Ambrose Gale of Marblehead deposed that he was with Samuel 
Nickolls, master, at Boston on election day, when he went to his 
boat to go aboard but, finding no one but a boy, etc. Sworn, 
29 : 4 : 1669, before Hilliard Veren,* cleric. 

William Steephens and Frances Challoner, belonging to the 
ship Jeremy, deposed that they were shipped by Samuell Nickolls 
to go to New England, thence to Gales or Bilboa and believed 
the others were shipped the same. Sworn in court. 

Christopher Davis deposed that he was in Nicholls' house when 
he shipped Christopher Smith and Ekiward Woodman, etc. 
Sworn in court. 

James Smith, aged about forty-five years, and Alizabeth Jonson, 
aged about thirty-one years, deposed that said Smith came into 
John Northings stage and desired Mr. Nickols to go up to Mr* 
lAttanor's to treat with the men who were then imder arrest. 
Niehols refused and said ''Lat tham go Lick acompani of thefes 
as thar ar for thay haue stolen thinges out of my ship," etc. 
Sworn in court. 

'Autograph. 



148 SALEM QUARTEBLT OOUBT [June 

Thomas Dorman, late constable of Topsfield y. William 
Pritchett. Review. Defendant ordered to return the cow.* 

Edward Woodf and Thomas (his mark) Davis deposed. Wit: 
John Gatchell,t John Gatchell, ]r.,t and Daniell Eing.f Sworn, 
8:4: 1669, before Wm. Hathome j assistant. 

*Writ, dated Apr. 16, 1669, signed by Robert Lord,t for the 
court, and served by John Eiinball,t deputy for Robert Lord,t 
mar^al of Ipswich, by attachment of land of defendant. 

Warrant, dated Jan. 27, 1668, to the constable of Topsfeild, for 
collecting the rates, signed by Jno. Gould,t Thomas Perkins,! 
Tliomas Baker,t Danill Bormanf and Frances Pebody.f 

Copy of writ, town record, certificate concerning minister's 
rate of William Pritchett, country rate of 1668, and record of the 
action in the last Ipswich court, also the General Court, made 
Apr. 24, 1669, by Robert Lord,t cleric. 

Warrant, dated 16 : 7 : 1669, to the constable of Topsfeild for 
collecting the country rate and also their '' Collidg portion w^ at 
twenty-two pence in ye pound is twenty two Rhillings eight pence," 
signed by Richard Russell,t treasurer. 

Town rate made Jan. 27, 1668, to defray the town's debts, 
signed bv John Gould,t Thomas Perkins,t Thomas Baker,t Danill 
Bormanf and Frances Pabody:t Mr. Gilbert, Is. 7d.; Dekon 
Hovey, 7s. 4d.; Jon. Hovey, 7s. 2d.; Mr. Perkins, lli. 3s. 9d.; 
Will. Avery, 7s. lOd.; Tho. Avery, Ss. 2d.; Jon. Redington, lli. 
12s. lid.; Tho. Baker, lli. 16s. 6d.; Tho. Perkins, lli. 186. lOd.; 
Mikall Dwaniell, 86. 2d.; Tho. Browning, 98. 9d.; Isack Comings, 
sr., 10s. 7d.; laack Commings, jr., 17s.; Insine Howellett, 166. 
6d. ; Antony Carell, 7s. 9d. ; Jon. Wilds, lli. 8s. ; Jon. Robinson, 
4s. 3d.; Marthu Standly, 13s. 7d.; Cor. Will. Smith, 6s. lOd.; 
Will. Prichat, 6s. 3d.; Mikall Boudan, 3s. 2d.; Mathu Huoker, 
3s. 2d.; Evenes Mories, 3s. 2d.; Luke Wakline, 2s. 3d.; Tho. 
Dorman, Ss. Id.; Jon. Daves, 4s.; Jon. Gould, 9d.; Richard 
Kimball, and Tho. Fisk 18s. lOd.; Wedo Andios, 6s. 4d.; Will, 
and Joseph Townes, 17s. 9d.; Jon. How, ISs. 8d.; James Watres, 
58. 9d.; Ephram Dorman, 14s. 7d.; Will. Hobes, 7s. 4d.; Corp. 
Edmond Townes, lli. Is. 7d.; Daniell Clark, lis.; Will. Nickloe, 
186. lOd.; Farmer Porter, 12s. 9d.; Jon. Nickloe, 9s. 2d.; Thomas 
Putman, 2s. Id. ; SamueU Cuttler, lli. 6s. 5d. ; John Putnam, Is. 
2d.; Daniel Borman, 4s. 2d.; Nathaniel Putnam, 3s. 2d.; Liut. 
Frances Pebody, 21i. 5s. Id. ; Jon. French, 13s. 7d. ; Jon. Moriell, 
198. lOd.; Tho. Hobes, lli. 28. 3d.; Daniel Blake, 4s. lid.; Isack 
Estey, lis. lOd.; Jacob Townes, 13s. 5d.; Base Rever men, 16e. 
6d.; total, 361i. 10s. 2d. Paid Thomas Baker 6s. upon the 
town's account for getting the ''gimeres."]: 

John Gould,t Thomas Perkins,t Thomas Baker,t Danill Bor- 

fAatograplu {Yeiiiret? 



1669] RECOBDS AND FILES 149 

man* and Frances Pebody,* selectmen, ordered the constable to 
pay the town's debts as follows: Tho. Hobes, lli. Is.; Tho. 
Dorman, sr., 17s.; E}phraham. Dorman, 2b.; Tho. Dorman, sr., 
8e.; Tho. PerkinSi 98.; Jon. Redington, 9s.; Will. Avery, 4s.; 
John Gould, lli. 2s. 2d. ; Luke WakUng, lli. ; Jacob Townes, 2s. ; 
Samuell Simons, 81i. ISs.; John Gould, 56.; Jon. How, 2s. lOd.; 
Thomas Baker, 8e. ; Jon. Robinson, 2s. ; Tho. Baker, lU. ; Isack 
Estey, 2b.; Corp. Townes, 8b.; Jon. Wilds, 141i. 168.; Daniel 
Borman, 7s. 6d.; liut. Pebody, 16s.; Danid Clarke, 7s.; total, 
32U. 16s. 3d. 

Deed, dated Jan. 28, 1657, Marke Simondsf of Ipswich, tailor, 
to Daniell Clarke of Topsfield, for 151i., eighteen acres of upland 
and meadow in Topsfield, near a pond commonly called Mr. 
Baker's pond, bounded by a brook coming out of said pond on 
the east, a brook from Mr. Baker's meadow on the south and 
west and by a ridge of rocks on the north. Wit: Robert Lordf 
and Tho. Clarke.* Joana, wife of Marke Simonds, released her 
dower. 

Thomas Dorman's bill of cost, 31i. 19s. 4d. 

At a town meeting held 14 : 10 : 1661, following are the names 
of the conmioners: Mr. Bradstreat, Mr. Endicot, Mr. Pirkins, 
Zacheas Gould, Mr. Baker, Thomas Dorman, Francis Pebodie, 
William Evens, Danell Clarke, Isack Cumings, sr., Isack Cumings, 
jr., Ensigne Howlet, William Smith, Frances Bates, John Wiles, 
John Redington, Tho. Perkins, Tho. Browning, Jacob Towne, 
Isack Estie, Willi. Towne, Edmond Towne, Mathew Standley, 
Anthony Carell, John How, Edward Bridges, Will. Nichols, 
Uselton's lot, Lumpkins farme, Robert Andrewe's land. Copy 
made from the town book, 11 : 3 : 1669, by John Redington,"*" 
clerk. 

John Wiles and Thomas Dorman deposed that the lot called 
Uselten's lot was the Prichit lot in controversy, and that it was 
within the line that Ipswidg granted to Topsfeld, which line ran 
to the south side of Mister Baker's pond and to Rouly river. 

John Wilds deposed that eighteen or nineteen years ago Marck 
Symons paid rates to Topsfield; then he sold to Danidl Clarck 
and he did the same. Ussellton bought it and he did likewise, 
but Prichet refused for four years to pay. Before this, said 
Prichit lived in Ipswidg. Sworn in court. 

John How deposed that Thomas Dorman went to Goodman 
Prichet's land and distrained a cow in satisfaction for the rates, 
which was appraised by deponent and Thomas Backer at 31i. 5s. 
The land of Prichet's was about a mile and a half from Topsfeeld 
meeting house and above six miles from Ipswidg meeting house, 
and said Prichet had lived there four years. Further, the latter 
wintered his cows within the place commonly called new mead- 
ows. Thomas Backer testifi^ to the same. Sworn in court. 

* Autograph. f Autogiaph and seal. 



IfiO SALEM QUABfTBBLT OOTHST [J1III6 

Mr. John Giffard v. Thomas Chandler. Debt. Verdict for 
defendant.* 

Mr. William Browne, sr. y. John Goold. Debt. Verdict for 
plaintiff.t 

Frances Pabody deposed that he, Simon Tutle and Moses 
Pingre met to renew the boimd marks between Ipswich, Topsfield 
and Rowly , and to Topsfield was given from the end of divisional 
line between Ipswich and Rouly to the furthermost end of the 
pond, etc. Sworn in court. 

Lift. Francis Pebody and Thomas Backer, selectmen for 1668, 
deposed that William Prichit was not rated for any head nor for 
his house which he lived in, but for his stock and land and a bam. 
Sworn in court. 

*Writ, dated June 8, 1669, signed by John Fuller,} for the 
court, and served by Nathan Parker,} constable of Andover. 

Thomas Chandler, Dr., Mar. 20, 1651, to ban* Iron, 81i.; 
Osboms acct., lli. 13s. 7d.; Jime 3, to ban* Iron, 81i. 19s. 7d.; 
total, 181i. 13s. 2d. Or., June 3, 1651, by 36 1-2 bush, of wheat, 
91i. 2s. 6d.; by 3 doz. of Trayes, llli. 

Thomas Chandler's} receipts, dated Mar. 19, 1650 and June 2, 
1651, to John Gifford, for bar iron. 

Thomas Chandler's bill of cost, 6s. 

John Stavens, aged about thirty years, deposed that about 
eighteen or nineteen years ago he went down with his father and 
Gorge Abbut to the Iron works, with two loads of wheat and 
wooden ware, aH of which were delivered at Mr. Gifford's house 
for Thomas Chandler of Andover. Sworn, 28 : 4 : 1669, before 
Simon Bradstreete.t 

Samuell Holt, a^ about twenty-nine years, deposed that he 
went down to the Iron works with John Lovjoy, who took depo- 
nent's father's team with eight oxen, to carry wheat for Thomas 
Chandler of Andover. Sworn, 28 : 4 : 1669, before Simon 
Bradstreete.]: 

Gorge Abbot, aged about fifty-four years, deposed that old 
Goodman Stevens, who is now deiad, etc. The goods were deliv- 
ered to Jonathan Coventry, Mr. Gifford's clerk. Sworn, 29 : 4 : 
1669, before Simon Bradstreete.} 

John Lovjoy, aged about forty-seven years, deposed. Sworn, 
28 : 4 : 1669, before Simon Bradstreete.} 

tWrit, dated 27 : 2 : 1669, signed by Hillyard Veren,t for the 
court, and served by Henery Skerry,| marshal of Salem, by attach- 
ment of twelve acres of meadow near the house of defendant at 
Topsfeild. 

Bond, dated Dec. 28, 1666, John Gould of Topsfeld to Mr. 
WQliam Browne, for 301i. 17s. 9d., for Edmond Bridges of Tops- 

tAatograph. 



1669] RBCOBDB AND FILES 161 

Edward Wattkins v. Samuell Nichols^ commander of the 
Jeremi of Bristol. Debt. Withdrawn. 

Edward Woodman v. Sanill. Nicholls. Debt. Withdrawn. 

Christopher Smith v. Samll. Nichob. Debt. Withdrawn. 

Capt. James Smith v. Riehd. Rowland. Defamation. By 
himself and his wife. Verdict for plaintiff.* 

Thomas Pitman v. Peeter Miller. Withdrawn. 

John Beckett v. Jno. Richardson. Non-performance of agree- 
ment. Withdrawn. 

John Beckett v. Jno. Richardson. For secretly enticing Timothy 
Hix, servant to John Becket, to leave his service. Withdrawn. 

Tho. Abbet acknowledged judgment due to Capt. Walter Price. 

teldf to be paid in wheat and Indian com or com failing, in iron 
tools such as he should give him notice to make. Wit: Benjamin 
Browne and Steven Haskett. Copy from the book, made by 
William Browne.f Sworn in court. 

*Writ, dated June 22, 1669, signed by Moses Mavericke,t for 
the court, and served by Erasmus James,t constable of Marblehead. 

Thomas NichoUson, aged fifteen years, deposed that one day 
coming from Salem with Hew Lattimor, when near James 
Smith's fence, they heturd hard words spoken by Goody Rowland 
to Smith. Sworn, 29 : 1 : 1669, before Wm. Hathome,t assistant. 

James Smith, jr., aged fifteen years, deposed that Richard 
Rowland's wife abused his father, calling him ''long shanked 
Thevesh Rouge," and said that he stole hay out of her bam, with 
a great deal of gross language. Sworn, 29 : 1 : 1669, before 
Wm. Hathome,t assistant. 

Erasmus James, aged about thirty-six years, and Eleazar 
Hathome, aged about thirty-two years, deposed that being at 
Major Hathome's house a month since, when the action was 
being tried between Rowland and Smith, the former said to Capt. 
Smith, ^'you alsoe stole the hay out of my bame." Capt. Smith 
said, ^'Gentlemen, bare witness," and Rowland answered ''I say 
the hay was stolen out of my bame." Sworn in court. 

John Peach, jr., deposed that the Widow Bartoll told deponent 
that Rowland demanded of her for her son John's country rates 
ten groats. When she asked who rated him, he replied the 
townsmen, naming Mr. Mavericke, Mr. Latimor, Richard Nor- 
man, Thomas Pitman and James Smith. 

John Codner, aged about forty-four years, deposed that Row- 
land demanded more of him than he should for the coimtry rate. 
Sworn, 29 : 4 : 1669, before Wm. Hathome,t assistant. 

Bill of cost, Robert Randall, 2s. ; total, lU. 13s. 2d. 

t Aatograph. 



152 SALEM QUABTEBLT COURT [June 

Jno. Godfery y. Mathias Button. For unjust molestation. 
Verdict for defendant. Verdict not accepted by the court.* 

John Godfery v. Daniell Elah. For, under pretense of being the 
marshal's deputy, seizing the plaintiff. Verdict for plaintiff.f 

Jno. Godfery v. Daniell Elah. Defamation. Verdict for 
defendant.} 

*Writ, dated June 20, 1669, signed by Anthony Somerby,§ for 
the court, and served by Edward Clark,§ deputy constable for 
Tho. White,§ constable of Haverill, by attachment of the dwelling 
house and one hundred acres of land of defendant. 

Copy of acquittance, dated Jan. 9, 1663, Matthias (his mark) 
Butten of Haverell to John Godfery of Ipswich. Wit: Richard 
littlehale and Edward Clearke. Acknowledged in court. Ck)py 
made by Hilliard Veren,§ clericus. 

Copy of acquittance, dated Apr. 22, 1669, John (his mark) 
Godfery to Mathias Button of Haverill. Wit: Anthony Somerby 
and James (his mark) Ordeway. Copy made by Hilliard 
Veren,§ cleric. 

Copy of the entry of the action and judgment of Salisbury 
court, 13 : 2 : 1669, made by Tho. Bradbury,§ rec. 

Edward Cleark t^ified that the acquittance given by Button 
to Godfery was after the burning of said Button's house. 
Sworn, 30 : 4 : 1669, before Hilliard Veren,§ cleric. 

fCopy of execution, dated 13 : 2 : 1669, with assignment for 
serving to Daniell Ela of Haverhill by Abraham Drake, marshal, 
and return by said Ela, made by Tho. Bradbury,§ rec. 

John Godfery's bill of cost, lli. 19s. 8d. 

Writ: John Godfery v. Daniell Elah of Haverill; for pretence 
of being the mai^al's deputy, seizing plaintiff, demanding 201i. 
and enforcing him to pay 51i. for fees, said Godfeiy having satis- 
fied the jud^ent to Mathias Button, who gave hun acquittance 
for the same; dated 10 : 4 : 1669; signed by Hilliard Veren,§ 
for the court; and served by Thomas Whittier,§ constable of 
Haverell, by attachment of meadow lying near the great pond 
about two miles from town. 

Mathias Button deposed concerning serving the execution, 
after John Godfri had stood in the pillory and gone to John 
Severanse's house, etc. Sworn, 22 : 4 : 1669, before Simon Brad- 
sl7eete,§ assistant. 

Copy of a bill, dated May 2, 1669, that John (his mark) Godfry 
was to pay to James Ordway for Daniell Ela. Wit: Anthony 
Somerby and SamueU Stevens. Copy made by Anthony 
Somerby.§ 

tWrit, dated 10 : 4 : 1669, signed by Hilliard Veren,§ for the 
court, and served by Thomas Whittier,§ constable of Haverell. 

§Antograph. 



1669] BECORDS AND FILES 153 

Copy of the record of the Salisbury court, 13 : 2 : 1669, con- 
cerning John Godfrey, and depositions, made by Tho. Bradbury,* 
rec. 

Copy of Ipswich court record, Mar. 30, 1669, in relation to 
Godfrey's presentments. 

Daniel Ma's bill of cost, lli. 19s. 6d. 

Andrew Grele and Abraham Whiticker deposed that they heard 
Daniell Ela say that Godfrey was seen at Ipswich and Salisbury 
at the same time. Sworn, 15 : 4 : 1669, before Simon Brad- 
streete.* 

. At Boston court, Jan. 28, 1667, John Godfry having been bound 
over to this court to answer for stealing beaver skms, a beaver 
cap, a shirt and other things out of Mr. Edmund Dounes' ware- 
house, belonging to Stephen Serjant, and said Serjant being also 
bound to prosecute, Godfrey desired a jury trial which was grant- 
ed him. The jury found him guilty and he was ordered to pay 
treble damages and pay a fine to the county or be whipped fifteen 
stripes. Appealed to the next Court of Assistants and for want 
of security, he was returned to prison. Copy made by Ekiw. 
Rawson,* recorder. 

At the Court of Assistants, Mar. 6, 1665, John Godfrey being 
bound over to this court on complaint of Job Tyler and John 
Rimington on suspicion of witchcraft, Ekiw. Yeomans, Robert 
Swanne, Mathias Butten, William Symons and John Rimmington 
appeared as witnesses to speak ''the truth, the whole truth & 
nothing but the truth." John Godfrey being brought to the bar, 
it was declared that the grand jury had found him guilty and put 
him on trial for his life. The jury was impanelled, and the said 
Godfery holding up his hand at the bar, ''was indicted by the 
name of John Godfry of Newbery for not having the fear of God 
before his eyes did or haue Consulted w^h a familliar spirit & 
being instigated by the divill haue done much hurt & mischeife 
by seuerall acts of witchcraft to the bodyes & goods of seuerall 
persons . . . contrary to the peace of ou' Soueraigne Lord the 
King his Croime & dignity and the wholesome lawes of this Jiuis- 
diction. He pleaded guilty and referred himself for his trial to 
God and the coimtry. The jury found him suspiciously guilty of 
witchcraft but not legally guilty and he was discharged. Copy 
made by Ekiw. Rawson,* secretary. 

Abiell Somerby, aged about twenty-eight years, deposed that 
he heard James Ordway say at Salsbery court that he and others 
would have been bound for Godfry if the judge had not said "if 
he were gone we would haue him brought back againe in chaynes 
or Irons." Godfry pleaded for them to take his own bond but 
the judge answered, "Wee shall not take a thousand pound in this 
case/' and the people around him were so discoiu'ai^ that they 

^Avtogiaph. 



154 SALElf QUABTBRLT COUBT [June 

did not offer bonds. Peter Godfry, aged thirty-eight yeara, 
deposed the same. James Ordway, aged about forty-five years, 
deposed that the judge said that no man would have the face to 
be bound for him. Sworn, Jime 21, 1669, by James Ordway, 
before Daniel Denison.* 

Susana Roper, aged about fifty-eight years, deposed that stand- 
ing in her dooway, she saw Godfry pass her house when he was 
supposed to be at Salisbury court, etc. Sworn, Jime 24, 1669, 
before Samuel Symonds.* 

Robert Lord, marshal, aged about thirty-seven years, deposed 
that he saw Godfry at Salsbery in Comitt Sevorance's house, etc. 
Sworn, June 24, 1669, before Daniel Denison.* 

John Griffing, aged twenty-eight years, deposed that being at 
the house of Stephen Swett of Newbery last winter, he saw God- 
fry going toward Newbery meeting house at which time he was 
in Boston prison. Also about seven years ago, Godfry and 
deponent went over Meragmak river on the ice to go to Andover, 
the former on foot and deponent on horseback. He had a good 
horse, and when he was at Goodman Geag's field, he saw Godfry 
a little ahead of him, but a little further on, he did not see him 
nor any tracks, although there had been a middling snow in the 
night. Deponent then ran his horse all the way to Andover, and 
when he reached the first house which was Goodman Rust's, 
there sat Godfray in the comer, and said Rust told him that he 
had been there long enough for his maid to clean a kettle and 
hang on pease and pork to boil for him, and the maid was then 
skimming the kettle. Sworn, 22 : 4 : 1669, before Simon 
Bradstreete.* 

Robt. Pike,* commissioner, aged about fifty-two years, deposed 
that Godfry was at Salsbury court every day. 

Edward Clearke* deposed. Sworn in court. 

Danill Maning, aged about twenty-one years, deposed that 
Godfry passed near his house the day after Goody Archer was 
buried, etc. Sworn, June 28, 1669, before Daniel Denison.* 

Sarah and Elizabeth Roper deposed that standing at their 
father's door the second Tuesday of last April, etc. Sworn, 
Jime 24, 1669, before Samuel S3nnonds.'*' 

Elizabeth Buton, aged about forty-seven years, deposed that 
on a rainy day, she and her daughter Saray laid in a bed by the 
fireside ''about twelue or one a clok their was a great noys about 
the hous which this deponent tok to be the Catel but when she 
was awak she saw a shap of a man and sit in a great chere and 
being a great fire ner the bed and nere the chere within a yard 
and a half I saw godfray siting and I would faine a struck him 
but could not put forth my hand and I did what I could to wake 
the maid that was in bed with me but could not for I could neither 

*Antograph. 



1660] BBCOBDB AND FILES 165 

Joeepb Phippen^ attorney of George Vicory v. Henry Stacy. 
For refusing to make division of a parcel of land. Spc^nal ver- 
dict. They found that the plaintiff was l^ally possessed in 
partnership with two others of a ten acre lot in Marblehead, 
which they fenced and occupied, and if the title be foimd clear, 
they find for plaintiff, if not, for defendant. Court gave judg- 
ment for plaintiff.* 

speak nor stire and thus he conteneued for the spas of tow ours 
& I see him three or four t3mas but as son as I had com to setel 
myself in the bed he vanashed away to my aprehencion for he 
went strangly out and the dore was fast and when I ris in the 
momin I went to the dore and it was fast bolted." This happened 
in the night. Sworn, 22 : 4 : 1669, before Simon Bradstreet.f 

*Writ, dated 9:4: 1669, signed by Hilliard Veren,t for the 
court, and served by Hen. Skerry,t marshal of Salem, by attach- 
ment of land of defendant. 

Joseph Phippen's bill of cost, 21i. Is. 

Summons, dated 22 : 4 : 1669, to witnesses, Abraham Whit- 
yeere and William Charles, signed by Hilliard yeren,t for the 
court. 

Verdict brought in by the jury. 

John Peach, sr., and John Peach, jr., deposed that Henry 
Stacy had owned two-thirds of this lot about twenty-six or seven 
years. Sworn in court. 

Joseph Doliver, aged forty years, deposed that Stacey planted 
this land, etc. Sworn in court. 

Letter of attorney, dated Jan. 6, 1667, given by George (his 
mark) Vicoryt of Hull, fisherman, to his brother-in-law, Joseph 
Phippen of Salem, pumpmaker. Wit: Hillyard Veren, sr.f and 
Henry West.t 

John Stacy, sr., deposed that about thirty years before, he 
bought two-tiurds of the ten acre lot that was given to Greenway 
and Abraham Whitere, and used it several years. Afterward he 
gave it to his son Henry. Sworn in court. 

Marke Pitman, aged forty years, deposed that about twenty 
years ago Henry Stacy planted between John Hart and William 
Salkins. 

Thomas Bowen, aged about forty-five years, deposed that 
Georg Vicker, Richard Greenaway and Abraham Whiteyeare 
were granted by the town of Salem ten acres on Marblehead side, 
bounded by land of William Charles on the southeast. Sworn in 
court. 

Moses Mavericke,t aged about fifty-eight years, deposed that 
the lot was commonly called Stacies lot, and when it was fenced 

t Aatograph. {Seal. 



156 SALEM QUABTERLT COUBT [June 

Samll. Benett v. Mr. Jno. Gi£ford. Forfeiture of a bond of 
arbitration. Withdrawn.* 

Mr. Jno. Price, attorney of Mr. John Croad v. John Bly. 
Debt. Verdict for plaintiff.f 

Jon. West V. Tho. Enoulton, jr. Debt. Verdict for plaintiff.]: 

with post and rails, Stacy paid for the fence, etc. Sworn in 
court. 

John Gatchell, aged about fifty-three years, deposed that he 
worked for Abraham Whiteare about thirty years ago on this 
land. Sworn in court. 

William Charles, aged about seventy-four years, deposed that 
the land was bounded by the Scotch pond on the southeast. 
Sworn in court. 

Robert Enighte, aged about fifty-five years, and Robert Nor- 
man, aged about forty years, deposed. Sworn in court. 

AbraMm Whiteyeare, aged about sixty years, deposed that he 
sold his part to John Stacy, sr. Sworn in court. 

*John Gifford's bill of cost, including a summons for Joseph 
Armitage, lli. 16s. 

fWrit, dated 14 : 4 : 1669, signed by Billiard Veren,§ for the 
court, and served by Henery Skerry,§ marshal of Salem, by attach- 
ment of a chest aud two chairs in defendant's house. 

John Price, aged about twenty-three years, deposed that he 
demanded the debt of Jno. Bligh. Sworn in court. 

Bond of John (his mark) Bl^ of Salem, dated Jan. 8, 1666-7, 
to Mr. John Croade of Saiem, merchant, for 181i. IBs. Id. Wit: 
Richard Croade§ and John Price.§ Aclmowledged in court. 

Letter of attorney, dated Feb. 2, 1668-9, given by Jno. Croade§ 
of Salem, merchant, to John Price. Wit: Theodor Price§ and 
Richd. Croade.§ Acknowledged in court by Richard Croade. 

{Writ, dated Apr. 2, 1669, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich, by attach- 
ment of defendant's land, which was sometime Groodman Young- 
love's. 

Niciles Marbell deposed that he heard John West ask Willyam 
and Sammuell Knoulton whether they were to do any sawing 
work, etc. Sworn, June 19, 1669, before Daniel Denison.§ 

Thomas Loe, aged about thirty-seven years, deposed that 
William Enolton and his brother Samuell IQiolton undertook to 
cut 2,000 planks for Thomas Wells, but what they cut they spoiled, 
etc. Sworn in court. 

Jno. West's bill of cost, lli. 19s. 

Tho. Clarke testified that Tho. Enolton desired a little longer 
time to pay the debt, etc. Sworn, June 28, 1669, before Daniel 
Deni8on.§ 

I Aatograph. 



1669] BBCOBDS AND FILES 157 

Tho. Judkins was sworn constable of Gloster for the ensuing 



Tho. Ellis V. Emanuell Clearke. For withholding 41i. Ver- 
dict for plaintiff.* 

Ordered that Jno. Chub, now residing with Benold Foster, be 
returned to Thomas Loe, jr., to serve him four months, in satis- 
faction for what he was engaged to pay for him to the Ipswich 
court. 

Joseph Armitage acknowledged judgment to Mr. Eleazer 
Hathome. 



Thomas Pickton and Mathew Price deposed that the same day 
that John West had a trial with Thomas Enolton, jr., before the 
Wordiipful Major Hauthome, in the afternoon at Mr. Gidny's, 
John West proffered Enolton if he would bring a sufficient man 
to be bound for him for payment for that horse West sold to 
Knolton, West would forbear imtil the next court at Salem. 
Enolton replied he was a knave and he would pay him in the 
worst pay in the coimtry, naming dry cask. Sworn in court. 

Bond, dated Aug. 22, 1668, Thomas Enoulton, jr.f of Ipswich 
to John West, for a horse, at 81i. to be paid in wheat and malt at 
Capt. George Corwin's in Salem or to his son Mr. John Corwin, 
and a saddle to be paid in silver, at 35s. Wit: Thomas Picktonf 
and John (his mark) Enolton. Acknowledged, 12 : 2 : 1669, 
by Tho. Enolton. 

Robert Lord, jr., and Andrew Peeters deposed that being in 
company with Goodman West, Thomas Enowlton, Sergeant 
Clarke, etc. Sworn, June 28, 1669, before Daniel Denison.f 

John Lee, sr., aged sbcty-seven years, deposed. Sworn, June 
29, 1669, before Daniel Denison.t 

William Enowlton and Samuell Enowlton deposed that John 
West being at their house, etc. West said that he had not lodg- 
ing for them at present, and they lost much time, etc. Sworn, 
June 29, 1669, before Daniel Denison.t 

♦Writ, dated June 8, 1669, signed by Hilliard Veren,t for the 
court, and serv^ by Rich. Wayte,t marshal of Boston. Bond 
of Emmanuell (his mark) Clarke and Mathew (his mark) Abde. 

Thomas Mleses bill of cost, lli. 98. 6d. 

Emanuell (his mark) Clarke's receipt, dated Nov. 21, 1662, to 
Thomas Eliss for the use of Mr. William Browne. 

Matthew Abdy, aged forty-eight years, and John Downes, aged 
forty years, deposed that being present with Gierke and Ellis in 
the house of Thomas Hawldns, etc. Sworn, 25 : A : 1669, before 
Richs^ Parker,t conunissioner. 

tAntogrftph. 



ISS BALElf QUABTEBLT OOUBT [June 

William Edmonds had his license renewed. 

Richd. Hutten acknowledged judgment to Mr. Antepas New- 
man. 

John Lewis and Jno. Newell were sworn constables for Lynn. 

Joseph Bowed had his license renewed. 

James Axy dying intestate, Frances, the widow, presented an 
inventory and was appointed administratrix of the estate. 

Will* of Christopher Linsy was proved and an agreement in 
writing by the three children about the division of the estate 
among themselves was allowed and ordered to be recorded. An 
inventory of the estate presented by his son Eleazer, was also 
allowed. 

♦Will of Christopher (his mark) Lynsye of Lynn, dated Apr. 9, 
1669, and proved in Salem court: He bequeathed to his son 
Eleazer, his eldest horse & 3 gotes, 2 swine, 1 bagger & one Les- 
ser; to his son John his mare, & 3 gotes & 1 biger swine; to his 
daughter Nahomie, his younger horse, heifer & 3 sheep & seaven 
got^ & ye other two swine; all his tooles were to be divided 
between his two sons; to his daughter Nahomie all bedding & 
Lining, potts, kettles, puter & his house & land; to his three 
children, all that was owing him, his daughter to have a quarter 
more than either of his sons; to his daughter all his provisions, 
etc. Wit: Joseph Redknapf and Andrew Mansfeild.t "Mem- 
orandmn: this is my minde & will that the charge of my burial 
shall be discharged equallye out of the Legasyes aboue^said: 
Alsoe I make my sonn Eliezer my executor: & hee is to bee pre- 
paid for all his trouble, & expenses, out of the Legasyes of his 
brother John & his sister Nahomie pportionablye & one pound 
more Allsoe I desyre William Bassitt & Andrew Mansfeild to bee 
overseers of this my will." 

Inventory of the estate of Christopher Lynsye of Lynn, who 
died Apr. 10, 1669, appraised Apr. 12, 1669, by Joseph Redknap,t 
Andrew Mansfeildf and Willam Ba8sett,t and presented by 
Eleazer Linsy: The houseing & one acre of land, 221i.; 4 acres 
Lying nigh the dwelling house, 161i.; Bedding, 41i. 10s.; one 
Rugg for a bedd, lli. ; Puter, 111. ; Tinn ware. Is. ; foure Horses 
yong & ould, 131i.; 5 swine, 31i. 10s.; 2 ewe sheep & 3 Lambs, 
lU. 16s. ; 14 gotes & 14 kidds, 71i. ; 1 Heiffor 2 yeares ould, 31i. ; 
1 warming Pan & 1 Litleposnit, lis.; earthen ware, 4s.; 1 Table, 
3 chests & 1 oulde trunke, Hi.; Barrills & Tubs, 12s.; sivs, 3s.; 
pales, bowls, dishes & wooden ware, 13s.; 1 Muskett, lU.; two 
Iron potts, 1 kettle, frying pan, gridiron & pott hangers & tonges 
A hookes, 21i.; carpenter's Tooles, lli. 17s.; 1 pare ofjfBellows A 

t Anftognph. 



1669] BBOOBDS AND FILES 159 

James Murfee, complained of for abusing Hester, wife of 
Jonathan Gage, several times, and also for breaking prison at 
Ipswich, was ordered to be severely whipped, bound to good 
behavior, to pay said Gage five pounds, and not to pass over to 
the northward of Ipswich river upon penalty of imprisoxmient. 
Said Murfee bound.* 

Jefifery Thistle, bound to this court by the Worshipful Major 
Hathome, on a charge against him brought by Wm. Litefoote, 
for abusing his wife, ordered that he be sent to the prison at Bos- 
ton until the next Court of Assistants unless he furnish a bond 

1 broad hoe, 48. 6d.; one Cubboard & 1 houre glasse, 7s.; wear- 
ing apparrill, 31i.; A table Cloath, napkins & other Lining, lli. 
Ss. ; flax & woollen yame, lis. ; come & meale, 18s. ; 1 bedd Corde 
& 1 third pte of a Cable rope, 7s. 6d. ; lumber, Ss. 

Agreement, dated 19 : 2 : 1669, among the children John, 
Eleazer and Nahomy Lynsey that the whole estate of their father 
should be divided equally. Wit: Joseph Armitage and Sarah 
Lynsey. 

*Nathaniell Gage, aged twenty-three years, deposed that on 
May 21, 1669, his brother Jonnathan Gage came to him at their 
father's house. He asked deponent and Joshua Bointon to go to 
his house, because he was to go to town, and James Murfee was at 
his house, of whom he was afraid. They both went in at the back 
of the house to the upper chamber, said Murfee not knowing 
they were there. The latter presently asked deponent's sister 
for a pipe of tobacco, and she bade him begone. Whereupon 
they heard a bustling below and heard her say that if he followed 
her, she would fetoh him none. She looked into the chest and 
told him there was no tobacco there, and then he assaulted her. 
Sworn, 25 : 4 : 1669, before Simon Bradstreet^f assistant. 

Joshua Bointon, aged twenty-two years, deposed the same. 

Jonathan Geag's bill of cost, 17s. 

Fees and diet due Theophilus Willson, keeper of Ipswich pri- 
son, 21i. 2s. 6d. 

Hester Ga^, wife of Jonathan Gage, testified that there was 
only a little girl in the house with her at one time when he assault- 
ed her. Also that when Murfee asked her to. meet him that 
evening, she told him that she would be at cousin Pike's. The 
next day she was shelling seed com when Murfee came into the 
bouse and commanded her to make his bed so that he might go 
to sleep, eto. '^Goeing into the other roome to give my piggs 
come," he followed her, eto. 

tAutogimph. 



160 SALEM QUARTERIiT COUBT [June 

of lOOli. Said Thistle bound, with Richard Thistle and Robert 
Bradford, sureties.* 

Ekisign Howlet and Robert Lord, sr., were ordered to lay out a 
highway from Mr. Endecot's farm in Topsfeild to Topsf^d 
meeting house before 15 : 7 : 1669. 

Samll. Cummins, son of John Cummins, was appointed admin- 
instrator of the latter's estate, in the hands of Mr. John Gardner, 
the former administrator, who was discharged. Said Cummins 
gave bond to pay the children's portions. 

John Sothwick and daughter, complained of for selling strong 
water to the Indians, and his daughter not appearing, he for- 
feited his bond. They were dismissed upon oath of said Soth- 
wick that he never directly nor indirectly sold strong water to 
Indians, who charged him with it before Major Hathome nor 
did any of his family. 

The last Ipswich court ordered Peeter Strickland to pay double 
damages and return the goods stolen, and it was to be understood 
that Mr. Samuell Gardner, one of the owners, was to receive the 
whole and to pay William Hascall, jr., the other owner, his part. 

Joshua Turland, being an idle and extravagant person, '' runs 
up and down, neglects his business and is in danger of falling 
into mischief," court ordered that the selectmen of Beverly put 
him out to service or otherwise to dispose of him for his good and 
safety. 

Mr. William Woodcock dying intestate, and Hanah, the widow, 
refusing to administer, court granted power of administration to 
Mr. EHeazer Hathome and Mr. John Corwin, who were to bring 
in an inventory to the next Salem court. If the administrators 
should see cause to make use of any person to be helpful in post- 
ing the books or about his accounts, they were to have liberty to 
pay him out of his estate. 

Mr. William Woodcock dying intestate, and his estate supposed 
to be much in debt, the court ordered that all creditors bring in 

^Summons, dated 2:3: 1669, for Thistle and also the wife of 
Wm. Barthol, signed by Wm. Hathome,t assistant. 

Wm. Lightfoote's complaint, 3:3: 1669, against Jeffrey 
Thistle. 

Mary Barthol deposed what her sister, Lightfoote's wife, told 
her. Sworn, 3:3: 1669, before Wm. Hathome,t assistant. 

t Autograph. 



1669] RECOBDS AND FILES 161 

their debts to the admmistrators, Mr. EHiazer Hathome and Mr. 
John Corwin, and that this notice be posted up at the meeting 
house at Boston and Salem. 

Benjamin Parmiter had his former license renewed. 

Administration upon the estate of Eliza Fraile, widow, was 
granted to Samuell Fraile, who was to bring in an inventory to 
the next Ipswich court. Said Samuell was to make choice of one 
man and the rest of the children to make choice of another man to 
appraise the estate. 

Capt. James Smith was iSned for breach of the peace. 

Bichd. Rowland, in behalf of himself and wife, was fined for 
breach of the peace. 

Nicholas Manning gave the parcel of land, which he lately 
bought of William Lord, sr., containing nine acres, lying next to 
Major Hathom's easterly, as security for the payment of SOU. to 
the children of Robt. Gray, deceased, which was SOU. left in the 
hands of Mr. John Browne, sr., who was to deliver the said sum 
to the said Manning. 

Capt. White, Mr. Jon. Corwin, Mr. Tho. Gardner and Mr. 
John Hathome had their former licenses renewed. 

Ordered that the town of Lynn sufficiently repair the county 
bridge and bring in their charges to the next Ipswich court. 

Richard Norman of Marblehead, recommended by the select- 
men to keep an ordinary, was licensed to keep a house of com- 
mon entertainment and to draw wine. 

Wm. Beale, for breaking Henry Codner's head, was fined. 

Henry Codner, for abusing William Beale and his wife, with 
reproachful speeches, was sentenced to be whipped or pay a fine. 
He was bound to good behavior, with Jeremiah Gatchell as his 
surety.* 

^Summons, dated 7:4: 1669, to Wm. Beale for striking 
Jeremiah Gatchell's servant, Henry Ckxiner, signed by Wm. 
Hathome,t assistant. 

Erasomus James,t constable, offered to testify that ''william 
Beall hath Beeng with me too or three times: & hath complained 
very mush of his Being a Bused very mush By some of goodmaa 
gashellsfammely: Espehally Jearjrmiahgashellssaruant: hennery 
Ckxhier." 

William Beale deposed that ''since Henry Codner droue my 
Cattell out of my yarde my wife & I beeing Milkinge I saw Henry 

tAatograph. 



162 SALEM QUARTERLY COURT [June 

Ckxlner stand on ye other side ye swamp before my dore a littliee 
while then hee came ouer ye swamp & stood still againe so hee 
did seuerall times before hee came up to ye milk yarde till good- 
man Gelligan & gooddy Williams were goeing away hee came into 
the yard; & stood close by my wife & self. I askd him wherfore 
he came hee answerd to Looke [for] his Cow; I sayed you see y* 
shee is not here. Codner standing still & not offering to goe I 
asked why hee did not goe about his business hee sayed y* hee 
would not I sayed didst thou com to driue away my Cattell & 
beate my boy againe hee told mee I was a Iyer, I told him hee 
did Codner Told mee I was a base Lying roge w* y* I thrust him 
of ye tree hee stood on & bid him get him gon aboute his buisnes 
hee stroke mee seuerall times called mee aduldtrous Roge My wife 
intread him to bee gon/' etc. He further said that deponent's 
wife had another husband living, threw stones at them and chal- 
lenged deponent to fight with him. Soon after he came again 
with Thom. GacheU, with short thick clubs in their hands, sa3ring 
they would beat him, and shouted so that the woods rang. 

Allexander Gelligin deposed that he had heard SamueU Gachel 
threaten Beale at the latter's milking place. He had also seen 
Beale's \amhs with shoulders broken, etc. Sworn, 1:4: 1669, 
before Wm. Hathome,* assistant. 

Joane Williams deposed. Sworn, 1:4: 1669, before Wm. 
Hathome,* assistant. 

Samuel! Beale, aged fourteen years, deposed that Codner struck 
him in the mouth and threw him backward on the hedge, etc. 
SamueU GatcheU's wife called after them ''Weele kill them & flea 
them & carry Them hom in ye Cart." She called to his father, 
"Wheres ye jade thy wife shee is got into ye Church but I hope 
theile deliuer her up To Satan shortly." Also that Codner called 
his father cowardly cuss and other opprobrious words until his 
father stood with his sword drawn, but his mother and some of 
his younger brothers hung on to him so that he could not get 
away, etc. 

Martha Beale, sr., deposed that Codner called her husband 
white-livered rogue, etc. 

Henry Codner, aged about seventeen years, deposed that he 
went to William Beale's house and asked him if he had seen their 
cow, etc. Codner came after him with two dogs, one of which 
bit his leg, and he hit him on the head with a stone, etc. Sworn 
in court. 

Samll. Gachell, aged thirty years, deposed that they sent Codner 
for their cattle, etc. Also that Beale threatened to throw a 
broadax at him. Sworn in court. 

Thomas Pitman, sr., aged about fifty-five years, and Thomas 
Pitman, jr., aged about seventeen years, deposed that they were 
loading some wood and hearing a noise saw Beale and Codner, 

* Autograph. 



1669] BECOBDS AND FILES 163 

Mr. Joseph Graftoiii sr., for putting in a vote for one who was 
not a freeman in the choice of deputies at Salem, upon confession 
was fined.* 

Giles Coree was freed from common training, so long as his 
lameness continued. 

Elizabeth Walton, relict of Mr. William Walton, was ordered to 
keep the whole estate in her hand during her life, she being admin- 
istratrix, with the consent of all the children. She was to pay all 
the debts of the estate, and at her death, said estate was to be 
divided among the children, Nathaniell, the eldest, to have a 
double portion, of which he had already received 301i., and Samuell 
having had 81i. of his portion.t 

Joseph Armitage complained that the country owed him a 
debt of 71i. 3s. 4d. made by Governor Endecott, magistrate, and 
deputies as they passed by to and from the court at the time when 
the country bore their charges, and presented several bills under 
the hands of several members of the court. One pound was sub- 

the former setting his dogs on Codner and crying, ''Hallooe, 
hallooe a Rc^e a Rogue." Sworn, 1:4: 1669, before Wm. 
Hathom,t assmtant. 

Martha Beale, aged thirteen years in September next, deposed. 

Samuell Beale, aged about fourteen years, deposed that Codner 
came out of Samuell Gachell's house and ran after him with a 
paddler and said, "Sirra, Tell yourer father ye next Time I meete 
him He thrubb his bones." 

William Beale, aged about thirty-eight years, deposed. Bethiah 
Gachell mentioned. 

Martha Beale, aged about thirty years, deposed. 

*He put in a vote for his son John Grafton, jr. Wit: Mr. 
Richard More and John Puttnam. 

f' Wee whoes names are underwritten being desired by nathan- 
ill Waltown to vew a parsell of medow and upland lying in mar- 
blhead which acordinglie we did and to the b^ of our Judgment 
it is worth the sum of fortie pounds." Dated June 25, 1669, and 
signed by John Peach, sr.,^ and Samll. Ward.t ''the Charges 
t^t I haue ben out vpon the mash for fencing and daming against 
the see : 20 : 00 : 00." 

Moses Mavericke^ and Samll. Ward,^ on June 29, 1669, 
appraised for SamueU Waltown, a parcel of land at Marblehead, 
called Williams' lot at lOli., and the parcel on which his house 
stands at 81i. 

tAutograph. 



164 SALEM QUARTERIiT COURT [June 

scribed in the behalf of the deputies by Joseph Jewett and Ephraim 
Child, and the rest by Mr. Endecott. Court judged that all of 
it ought to have been paid long since and ordered 10s. to Mr. 
Gidney and the remainder to said Armitage.* 

John Codner was fined for abuses to a maid of about twelve years. 

The town of Salem being enjoined to make sufficient the high- 
way lately laid out between Salem and Andover, and it not being 
done, coiut allowed them to join with some men of Andover 
appointed to find out a new way which may be better. In case 
they agreed to continue the former way, Salem was to make their 
part sufficient before the next Ipswich court. 

Jno. and Nathaniel Ingerson, Henry Skerry and Edward 
Bridges bound for the former's appearance at the next Court of 
Assistants. 

Daniel Elah, being required to attend court and departing 
without leave, was to be apprehended by the marshal of 
Ipswitch or constable of HaveriU and brought to court. 

Mr. Lattimore, for abusing the watch, coming to his house one 
night, was fined.t 

Mr. Lattimore had his license renewed for the ensuing year. 

Edward WooUand was allowed costs in the action brought 
against him by Jeffery Joanes, who did not prosecute. 

Benja. Felton was appointed keeper of the prison. He accept- 
ed it for one year and was to be allowed-as much as Mr. Willson, 
the keeper of the prison at Ipswitch. 

Thomas Tuck was bound to good behavior. 

^Petition of Joseph Armitage.]: 

''M' treaserer I pray you pay to Joseph Armitage the som of 
one shillinge & f ouer pence which I expended going to the generall 
Coart this : 17 : 8 "^ 1660. Tho. Wiggin."t 

''Rescued at Joseph Armitages fouer pence,'' per Hugh (his 
mark) Cauking, 6:3: 1651. Tho. Bradbury; and Esdras 
Reade,t deputies, certified "There is due to m' Armitage of Lsm 
one shilling & two pence, for o' Dinner the 6*** of y* (3)** m® (51)." 

Jo. Whipple,^ on 6 : 3 : 1651, certified that he received of 
Joseph Armitage lOd. 

"M' Audetor pay to Joseph Armeteg fouer pound sevene shil- 
ings one Pens, 9:4: 1652. Joseph Jewit, jr.,t Ephraim Child.^" 

fChristopher Lattemore. Wit: Will. Haries, Griffin Johnes 
and Walt. Adams. 

{ Autograph. 



1669] RECOBDS AND FILBS 165 

Steven Hoskett was released of his bond for good behavior. 

Robt. Starr was allowed 2s. for his time about Indians, and 
Edward Bridges, 2s. about Jams Murfee's case. 

Rider Baker, confessing that he was excessively overtaken in 
drink, was fined.* 

Eklward Humber, for being disguised in drink, was fined.t 

Thomas Tuck was fined for breach of the p>eace in striking 
Andrew Elliot, t 

Tho. Tuck, presented for vehement suspicion of taking a false 
oath at Ipswich court, confessed and was fined. He was bound 
to good behavior and disenabled from taking oath during the 
pleasure of the court.§ 

Fmed by Major Hathome: 

On 8 : 12 : 1668, William, a fisherman of Marblehead, for 
being drunk, one Gurden promising to pay. 

On 22 : 12 : 1668, Elias White, for railing at and reviling Mr. 
Lattamore. 

On 14 : 4 : 1669, George Eeaser, for selling strong water to 
the Indians. 

The servants of Mr. Gidneyes house were allowed 7s., and those 
of Mr. John Browne, 18d. 

Mr. John Gidney and Mr. John Ruck had their former licenses 
renewed. 

Tho. Whiterig, administrator of the estate of Wm. Whiterig, 

*Baker Ryder presented. Wit: John Home and Daniell 
Andrews. 

tWit: Will. Curttis and John Sevrence. 

iWit: Andrew Eliott, John Williams and Zakary Hereck. 

§Wit: Mr. Roger Connant. 

Inventory of the estate of Jane James, appraised by Moses 
Mavericke,|| John Peach|| and Christopher Latamor:|| The house 
and ten acors of Land neare the Ferry, 401i.; the House in which 
she died with the land pertaining to itt, 351i.; the Land by the 
pound, 51i.; one Cowes Conmionage, 51i.; total, 851i. It was 
mutually agreed in court by Erasmus James and Richard Read 
and Hester, his wife, that the estate left by their mother Jane 
James, be divided among them, the house and 10 acres at 401i. to 
Erasmus, and the house and land at the ferry and ground by the 
pound at 401i. to Hester, and the cow conmionage at 51i. equally 
divided, as well as all other estate remaining. 

II Autograph. 



166 RALBM QUARTBBLT COUBT [June 

brought in an inventory,* showing that the estate can pay the 
creditors but ISs. per pound. 

*Copy of inventory of the estate of William Whitridge made 
June 28, 1669| by Robert Lord,t cleric. 

Elizabeth Foster deposed that she heard Goodwife Whittred, 
wife of William Whitred say that her son Thomas broi^t to h^ 
husband lOli. at the least in goods and she really believed that 
that which Thomas brought was better than what they brought 
in Ingland. She also heard old Goodman Whitred say that he 
would satisfy him, if not while he lived, he would at his death. 
Sworn, June 28, 1669, before Daniel Denison.t 

Reienald Foster, jr., deposed that Tho. Whitred wrought with 
his father to frame that house which his father sold to Goodman 
Pirkens, the elder, and did almost all the work. Also that his 
mother said that her husband hindered him more than he helped 
him. Sworn, June 28, 1669, before Daniel Denison.t 

Copy of Ipswich court record of Apr. 28, 1669, concerning this 
estate, made by Hilliard Veren,t cleric. 

John Choat, aged about forty years, deposed that being at old 
Goodman Whittridge's house, he heard him say that his son 
Thomas was the b^t friend he had, for he had given him two 
cows and had promised to help him finish his house. If he died 
before he had paid him, he would give him his house and land at 
Chebaco. Sworn, June 28, 1669, before Daniel Denison.t 

Debts claimed within the month given by the court: Mr. 
WiUson, constable of Ipswich for rates, 41i. 5s. 9d.; Thomas 
Bumam, 21i. 8s.; Robert Pearce, 17s.; Thomas Bishop, 21i. 12b.; 
Francis Wainwright, lli. 10s. 3d. ; Nath. Wells, 21i. 40s. ; Stephen 
Swett of Newbury, 18s.; Decon Enowlton, lli. 17s. Id.; Deisux>n 
Goodhue, 19s.; Samuell Enowlton, lli. 13s.; Capt. George 
Corwin, 161i. 2s. 4d. ; Ensigne French, 15s. ; Mr. Baker, 111 10s. ; 
Mr. Wade, 51i. 10s.; Thomas Enowlton, 4s.; Mr. Bradstreet, 
lU. 10s. 

Debts given into court: To merchent Browne of Salem, 21i. Ss.; 
Robt. Lord, 10s.; Mr. Bartholmew of Salem, lli.; Mr. Graffton, 
15e.; Stackhouse, ferryman, 5s.; Samuell Morgan of Marblehead, 
lli. 17s. 9d.; Goodman Bridges, lli. 6s.; Nicolas Woodbury, 158.; 
Samuell Dodge, 7s.; John Selar, 12i3.; Abigaill Stone, 128.; 
Robert Colbome, 21i.; Daniell Davison, 61i.; Robert Lord, mar- 
shal, lli. 10s. ; Goodman Peeters, lli. 10s. ; Goodman Brabrooke, 
lli.; John Perkins, 12b.; Mr. Coggswell, 61i.; Abraham Perkins, 
lli. 7s.; Goodman Archer, 10s.; Walter Fairefield, 2s.; Isaack 
Davis, 41i.; Thomas Whitridge, 251i.; Sergt. White, 10s.; Rich. 
Walker, 7s. 6d. ; John Whipple, 5s. ; for the buryaU, 21i. ; total, 
68U. 17s. 3d. 

t Autograph. 



1869] RECOBDS AND FILB8 167 

Samuell Archard's estate^ being committed into the hand of 
Mr. William Browne, sr., by consent of Susana Archard and 
Samuell Archard, jr., formerly administrators, and agreement of 
the several creditors together with Major Hathome and Hilliard 
Veren appointed to end the dispute, being presented, court 
allowed it and Mr. Browne was to settle the estate.* 



^Inventory of the estate of Samuell Archard, deceased, taken 
Dec. 17, 1667, by Edmond Batterf and Hillyard Veren rf Dwel- 
ling house, with ye outhouses, with ye orchard & all ye ground 
adjoyning, half an acre, 651i.; 16 pole of ground lying on the 
other side of the land, Sli.; 8 acres of land in ye south feild, 121i.; 
a cow & som haye, 41i. ; in ye parlor, one feather bead not full, 
one bolster, 2 pillows & beers, very old curtains, bedsteed & appur- 
tenances, 71i.; a truckle bedsteed & appurtenances, lli.; a side 
Cubboard, a cloath & Cushin, lli. 10s.; wearing apparrell, a new 
rochet & breeches, 21i.; one old suite of Olive Collour, lli.; old 
wome wascoats, drawers, 2 dobletts & stockins, lli. 6s.; a coat & 
an old cloake, lU. 10s.; a remnant of Irish Cloath, 5s.; Hatts, 
16s., 2 old chests, 14s., a deske, 4s., lli. 14s.; 6 Joyne stooles & an 
old stoole table, 14s.; old shooes, 5s., an old case & some bottles, 
38., 8s.; 4 old chaires, 4s. 6d. with earthware, 30d., 7s.; 9 nap- 
kins, 6s., 4 old pillow beers, 6s., 12s.; 3 pr. & one sheete & pt. of 
one, lli. 10s.; 8 old towells, 30d., 3 shirts, 15s., 17s. 6d.; 3 old 
pothookes & skillett, 128.; 2 Hangers, trivet & gridiron, iron 
tongues, fire shovell, spit & smooth Iron, lli.; som broken brasse, 
latten cullender, trenchers, seive, pestle & morter, 10s.; pewter, 
lli.; come 5 bushells, 1 Bush, pease, 18s. 6d.; old tubs, 4s., one 
broad ax & other tooles, ISs., 19s.; In the kitchen, a very little 
old feather bead & appiirtenances, 21i. 10s.; a smale Anchor and 
cask, lli. 10s.; halfe of a grinstone, 28. 6d.; owing from Mr. 
William Brown, jr., 71i.; &ewood, 16s.; owing from Samuell 
Archard, 12s. Creditor, by John Bly, 21i. ISs. Sworn in court 
by Samll. Archard and Susana Archard. 

Copy of Salem court record of 24 : 9 : 1668, and 30 : 4 : 
1668, concerning this estate, made by Hilliard Veren,t cleric. 

Return of the arbitrators, Wm. Hathome,t William Brownef 
and Hillyard Veren,t that said Browne should pay the creditors 
at the rate of 16s. on the pound, except Mr. PhiUip Cromwell 
and Greorge Hopes, who were to have 188., in consideration of 
their change in their two actions. Samuell Archard was to have 
one-half of the meadow equally divided, the wife to have her 
thirds and the creditors the reversion of the thirds. Allowed in 
court. 

The estate was debtor: To Mr. Phillip Cromwell, 1611. Is. 5d.; 
Mr. John Gidney, 81i. 88.; William FUnt, lOli.; Mr. Ruck, 3U. 

t Autograph. 



168 SALEM QUARTERLY COURT [Juiie 

17s. 6d. ; Tho. Cromwell, 21i. 6b. 6d. ; John Furbush, lli. ; Anthony 
Needham, 31i.; Jon. Pickering, lli. 10s.; Samuell Coming, 10s. 
John Neale, 20s.; Frances Skery, 166.; Mathew Dove, 41i. Ss. 6d. 
Mr. Batter, lOs.; Edward Flint, 14s.; Tho. Dixy, 21i. 16s. 8d. 
Hen. Renolls, 4s. 6d.; Capt. Price, 41i.; William Lord, 12s. 
Sergt. Hale, lli.; Tho. Rix, lli. 10s.; William Smith, 31i. 3s. 
John Milk, 14s. 6d.; Samuell Archard, for a horse, mare, etc., 
271i. 10s.; William Curtice, 31i. 5s.; William Oxman, 131i.; Mr. 
Willm. Browne, sr., 331i. 98. 6d.; Jno. Kitchin, lli. 3s.; George 
Ropes, 121i.; Mr. Henry Bartholmew, 21i. 7s.; Nathaniel Felton, 
1&.; Richard Stackhouse, 10s.; Samll. Archard for medow for 
4 cowe keeping, 281i.; Samll. Archard p Mr. Browne, 71i. 10s.; 
total, 195U. 14s. Id. 

Geoles Aley, aged about forty-two years, deposed that he saw 
Susanna Archer, wife of Samuell, deceased, about three days 
after his death, fetch a piece of linen cloth and cut it up for her 
own use. Sworn, 25 : 7 : 1668, before Wm. Hathome,* assistant. 

William Oxman, aged about thirty-five years, deposed the same. 
Sworn, 24 : 7 : 1668, before Wm. Hathome,* assistant. 

Mr. William Browne is Dr. : On 13 : 12 : 1657, to 1 dayes 
work, 3s.; 13 : 1 : 1657, paid you by Tho. Goldthwrite, 1 li. 
178. 6d.; serving attacht. upon Samll. Bennett's land, lOs. 3d.; 
2:3: 1658, my liter one tide abord Will. Hollingworth, 2s. 6d. ; 
20 : 4 mo. arresting Mr. Purchas, 28.; attaching goods in Jon. 
Ormes hand of WiU. White, and answering DanyeU Salmon, 28. 
9d.; 8 mo., dd. yor. son Samuell a narow Ax, Ss.; to pay me for 
Mr. Jolife for my liter, 31i.; 9mo., for John Peach for hemp, 15s.; 
attaching goods of WiU. Townes & attaching goods of old GiUum 
& his son, 9s. 3d.; attaching goods of Thomas Tuck & attaching 
Richd. Stackhouse, 5s.; 3 : 9mo., dd. yorselfe 2 C. of suger at 
40b. p C, 41i.; you are to pay me for Georg Bigford, 10s.; and 
for Good. Ringe, 2s. 6d.; 1 : llmo., for Jon. Massy serving 
attachment, 3s.; you promised to pay me 30s. out of 51i. 68. 
which you recovered of one White, lli. 10s.; 12mo., to Mathew 
Nixon, 1 Bushell of pease, 4s.; arresting Robt. Gray, Junr., Is. 
6d.; 8 mo. 1659, my liter 2 tides aboard Adam Westgate, 5s.; 
one tiune for paving stones, 5s.; 1 : 5mo., you pmised to pay me 
for Samll. Benett about Mr. Webb's busines, lli. l(te.; 7mo., 
John S3rmonds, 125 foot of board used at Mr. Ruckes, for Mr. 
Higgesson, 8s. ; dd. yourself e 7 C & 261i. of barr Iron, 91i. Is. 3d. ; 
you had my liter 2 dayes aboad a french ship at Marblehead, 
lU. 4s.; 8 mo, my liter for stones for your chimly, 3s. 4d.; and 
you are to paye me for Will Foard, 9s.; for John Gent your son 
Will, pmised pa3rmt., 8s.; William Bif^ord, Arther Wormwood 
& John Rice are debts, lU. 10s.; 23 : lOmo., to paye me for Eki. 
Woollen for land sold him, 81i.; 28 : 11 mo., to pay me for Samll. 
Bennett, 21i. 10s.; for Mansfeild entry of an Action, 10s.; for 

* Autograph. 



16691 RECORDS AND FILES 169 

John Codner, 6s. 3d.; 1 mo., 1660, ataching Left. Hewes body 
& goods, 15s. 3d.; you are to paye for Joshua Codner, aresting of 
him twice for Ed. Woollen, 10s.; 2 mo., Mathew Nixon & B. 
Pease, 2s. 6d. ; 3 mo., my liter 3 dayes & 3 nights to bring 4 liters 
of salt from abord Jerzy Browne, 12s.; my liter upon ye same 
ship 3 weekes, 21i. 8s.; 4 mo., my liter to cary fish abord a french 
ship, 9s.; 5mo., you pmised to pay me for Mr. Michelot (I think 
his name is) for my liter to cary fish aboard his ship; at ye same 
time you pmised to pay me for Jerzy Browne, 12s.; 6 mo., for 
Goody Lc^y 2b. 6d.; for James Smith upon his presentment, 
28. 6d. ; 7. mo., for Mathew Woodwell for new barrels had of my 
son John, 41i. 14s. 6d.; my liter 2 tiunes for paving stones, 10s.; 
my liter one tide to cary fish abord Mr. Grafton, 2s. 6d.; 9 mo., 
for hemp Jon. Peach had, lli. 10s. 6d. ; lOmo., for Mr. Jolif for 
my liter to cary fish aboard a ship, 21i. 10s.; for Capt. Pembleton, 
ids.; my liter 2 tumes for limestone a board Adsxa Westgate, 
lOs.; aresting Good. Preston, 4s.; 9 : 12mo., Ataching widdow 
Nicholson's house & land, 4s.; 1 mo. 1661, for Christopher Phelps, 
Ss. ; 2 mo., my liter aboard Richard Holinworth for goods, 2s. 6d. ; 
3 mo., my Uter 2 tides abord Jon. Gardner for goods, 5s. ; 4 mo., for 
Tho. Pitman of Marblehead, 15s.; 8 mo., my share for making 3 
windows in the kitchen chamber, 17s. 8d. ; 12 : 10 mo., for Tho. 
Clay, lli. 3s.; for Mr. Russell, lis.; for John Southwick, 15s. 
lOd.; 20 : 2 : 1662, your son John pmised to pay me for Mr. 
Endecot for aresting John Norton, 4s.; 3 mo., ataching Mordecai 
Crefords fish, waying & putting ye fish in house &c., lli.; 2 : 4 
mo., ataching Capt. Marahalls goods, 6s.; 4 mo., ataching John 
Stacies land, 4s.; 1 dayes worke about your pamides, 4s.; 5 mo., 
my liter aboard Capt. Clearke for wine & other goods, 8s.; 8 mo., 
1 dayes work in kitching chamber about doors, 3s. 8d.; 2 dayes 
work in ye chamber to make closetts, 6s. 8d.; 28 : 9 : 1663, for 
ye french potter, 6s.; for Jon. Ingerson, 21i.; entry of 2 actions 
for Mr. Endecot, lli. 10s.; for myself e & my son John 34 dayes 
work; my share of sawn timber, lis.; 2 peeces sawne timber 
20 foote long, 2 boards, 2s.; my share for the kitching frame, 
161i.; my share for covering & clabording, 21i.; 8 dayes worke 
in ye kitchin, lli. 4s.; you pmised to pay me for woollen, my 
share, llli.; paid you by Mr. Stileman, 51i ; total, 1201i. 166. 6d. 

The whole estate had credits of 1761i. 3s. 6d. and debits, 1951i. 
14s. Id., which makes 18s. payable by the pound. The several 
parcels of Land & house wherein the widow has her thirds for her 
life make 1171i., her pt. is 391i., which then makes about 14s. p 
li. payable to cmlitors. 

Writ: Dorithy Graves, relict of Richard Graves v. John Neale, 
executor of the wiU of Francis Lawes; for refusing to, not deliv- 
enng or laying out of her thirds or right of dower in a house and 
a parcel of land now occupied by said Neale, which was the land 
formerly of her said husband; dated 15 : 4 : 1669; signed by 



170 SALEM QUARTERLY COURT [June 

Hilliard Vereiii* for the court; and served by Hen. Skerry,* mar- 
shal of Salem. Bond of John (his mark) Neale. 

Writ: Mr. Eleazer Hathome, assignee of Samuel! Archard, 
administrator of the estate of Samuell Archard, deceased v. 
Joseph Armitage; dated 14 : 4 : 1669, signed by Hilliard Veren,* 
for the court; and served by Henery Skerry,* marshal of Salem, 
by attachment of land around the house of defendant in Lin. 

Writ: Capt. Walter Price v. Thomas Tuck; debt; dated 23 : 
4 : 1669; signed by EUlliard Veren,* for the court; and served 
by Henery Skerry,* marshal of Salem, by attachment of house 
and land of defendant. 

Writ: Capt. Walter Price v. John Bamord; debt; dated 14 : 
4 : 1669; signed by Hilliard Veren,* for the court; and served by 
Henry Skerry,* marshal of Salem. 

Writ: John Beckett v. John Richardson; for enticing Timothy 
Hix, servant of said Becket to leave his service and for promis- 
ing him goods to buy out his time, also for taking and keeping 
his day book for a time; dated 22 : 4 : 1669; signed by HilUard 
Veren,* for the court; and served by Jno. Curwene,* constable of 
Salem. 

Writ: Ens. John Gould v. Edmond Bridges or Hackaliah 
Bridges; debt; dated 23 : 4 : 1669; signed by John Redington,* 
for the court; and served by Henrey Skerry,* marshal of Salem. 
Bond of Edmond Bridges* of Sallem. 

Writ: Jeffery Joanes v. Edward WoUan; battery; for striking 
him several blows with his fist on his face and head; dated June 
17, 1669; signed by Hilliard Veren,* for the court; and served by 
Henery Skerry,* marshal of Salem. 

Writ: William Curtis v. Peeter Connee, Jerseyman, late ser- 
vant of said Curtis; defamation; for saying that his master sent 
him with a handful of brass to work with Edward Humber, and 
to throw into his fire to spoil his work, with other scandalous 
speeches; dated 6:2: 1669; signed by HilUard Veren,* for the 
court; and served by Henery Skerry,* marshal of Salem. Bond of 
Eidward Humber,* William Reeves* and Peeter (his mark) Connee. 

Writ: Capt. Walter Price v. Peeter Joy; debt; dated June 14 
1669; signed by Hilliard Veren,* for the coiut. 

Writ: John Beckett v. John Richesson; non-performance of 
agreement in working upon a new ketch built for Mr. Ruck; 
dated June 21, 1669; signed by Hilliard Veren,* for the court; 
and served by Jno. Corwine,* constable of Salem. Eleazer Ged- 
ny,* surety, for defendant's appearance. 

Writ: Thomas Pitman v. Peter Miller; for refusing to pay 50s. 
to plaintiff for his share of salt on a fishing voyage, etc.; dated 
June 21, 1669; signed by Moses Maverick,* for the court; and 
served by Erasomus James,* constable of Marblehead. 

* Antogimph. 



1669] BBCOBDS AND FILES 171 

Writ: Mr. Antipas Newman v. Richard Hutten; debt; dated 
21 : 4 : 1669; signed by Tho. Fiske,* for the court; and served 
by Daniell Gott,* constable of Wenham. 

Writ: Edmund Bridges v. William Averil; for not paying 
Mr. William Browne, sr., 71i. in malt, wheat and Indian com; 
dated June 23, 1669; signed by Daniel Denison,* for the court; 
and served by Robert Lord,"' marshal of Ipswich. 

Writ: John Saffourd v. Thomas Wells; debt; dated Apr. 17, 
1669; signed by Robert Lord,* for the court; and served by 
Thomas Low, jr.,* deputy for Robert Lord,* marshal of Ipswich. 

Writ: Mr. William Browne v. Edmond Bridges; debt due from 
Wm. Averill in 1663; dated June 17, 1669; signed by Robert 
Lord,* for the court; and served by Robert Lord,* marshal of 
Ipswich, by attachment of house and land of defendan 

Venire for Lyn trial jurymen, and grand jurymen, dated May 
24, 1669, signed by HilUard Veren,* cleric, and served by Robart 
Potter,* constable of Lynn, who returned the names of Insine 
Bancrafft, John Pearson, Richard Moare and Thomas Farar for 
trial jurors. 

Venire for Beverly trial jurymen and grandjurymen, dated 
May 24, 1669, sign^ by Hilliard Veren,* cleric, and served by 
John Hill,* constable of Beverley, who returned the name of 
Benjamin Balch, for trial juror. 

Venire for Salem trial jurymen and grand jurymen, dated May 
24, 1669, signed by Hilliard Veren,* for the court, and served by 
Jno. Curwine,* constable of Salem, who returned the names of 
Edmond Batter, Farmer Porter, Mr. William Hollenworth, Nath. 
Felton and Jno. Putnam for trial jurors. 

Newbury marriages, 1669, returned by Anthony Somerby :* — 
John Hoog and Eb^iezer E^ery, Apr. 21. 
Anthony Morse and Mary Barnard, Nov. 11. 
Israeli Webster and Elizabeth Lunt, Nov. 9. 
F^rancis WiUet and Martha Silver, Dec. 20. 
Thomas Noyes and Martha Peirce, Dec. 28. 

Newbury births, 1669: — 
Nathaniel, son of Tristram Coffin, Mar. 26. 
Elizabeth, daughter of Abraham Merril, Apr. 26. 
Henry, son of Dimcan Steward, May 1. 
Steven, son of John Webster, May 8. 
Elizabeth, daughter of Richard Bryer, May 11. 
Henry, son of Daniel Lunt, June 23. 
Amos, son of Amos Stickney, Aug. 3. 
Rebeca, daughter of John Smith, Aug. 5. 
Mary, daughter of John Poore, jr., Aug. 9. 
Anne, daughter of Daniell Thurston, Sept. 6. 

^Autograph. 



172 SALEM QUARTERLY COURT [June 

Hanna, daughter of Benjamin Rolfe, Sept. 14. 

Elizabeth, daughter of Benjamin Lowie, Oct. 16. 

Joseph, son of Joshua Browne, Oct. 18. 

Hannah, daughter of John Woddin, Oct. 20. 

John, son of John Lunt, Oct. 22. 

Elizabeth, daughter of Henry Jaques, Oct. 28. 

Joseph, son of William Chandler, Nov. 19. 

Sara, dai^ter of Robert Robinson, Dec. 12. 

John Allen, son of Anne Chase, Dec. 23. 

Peeter, son of Peter Godfry, Nov. 23. 

Mary, daughter of John Wells, Dec. 16. 

Judith, daughter of Caleb Moody, Dec. 23. 

Hanna, dai^ter of Samuell Moody, Jan. 4. 

Phillip, son of Joseph Goodridge, Nov. 23. 

Martha, daughter of Francis Willet, Feb. 24. 

Abigail, second daughter of Abiell Somerby, Jan. 25. 

John, son of John Hoog, Feb. 20. 

Rebecca, dai^ter of Steven Swett, Feb. 27. 

Edward, son of Edward Woodman, jr.. Mar. 20. 

Newbury deaths, 1669 : — 
Elizabeth, wife of John Badger, Apr. 8. 
AUice, wife of Gyles Cromlome, June 6. 
Anne, daughter of Daniel Thurston, Sept. 27. 
Joanna, daughter of Nathaniel Menll, Nov. 2. 
John Muslwhite, Jan. 30. 
John Hull, Feb. 1. 

Mary, daughter of John Wells, Feb. 2. 
Steven Jordan, Feb. 8. 
Rebecca, wife of Steven Swet, Mar. 1. 
Francis Willet's child. Mar. 8. 
Christop. Bartlet, Mar. 15. 

On the reverse of the foregoing paper are reasons of appeal in 
relation to an action between the town of Ipswich and Mr. Joseph 
Jewett. The latter reserved the commonage when he sold the 
house he bought of Nath. Stow and laid it out to a house he 
built on the plain. When they divided some islands Maxemiliaji 
Jewet had the house in behalf of the two youngest children of 
Joseph Jewett. Nehemiah Jewett had in his division his father's 
house in Rowley, etc. They hope the law about the sea ebbing 
and flowing, not ebbing above one hundred rods making pro- 
priety to low water mark will not be made use of against them 
as it has, to 50011. damage, and they ask that Nehemmh Jewett's 
house having been built long after this against the town's con- 
sent and contrary to an express law made in 1660, the town may 
not be obliged to grant him conmionage, etc. '' Our Towne being 
a greate Towne & the most considderable next Boston in beareing 
publick charges we hope this court will be tender of doeing any- 



1669] BBCORDS AKQ FILES 173 

thing w^ may be destructive to us, by multyplying our Inhabi- 
tants beyond what our comons will beare being f orct ah^y to 
make orders for restraineing felling for firewood w^ is greevious 
to many of our Inhabitants/' 

Topsfield marriages, 1669, returned by John Redington,* 
Clarke: — 
James Waters and Mary Stalworthie, Mar. 24. 
Michaell Bouden and Sara Nurse, Dec. 15. 

« 

Topsfield births, 1669 :— 
Benjamin, son of Isack and Mary Estey, Apr. 29. 
Elizabeth, daughter of Edmond and Mary Towne, Nov. 2. 
Nathaniel, son of Frances and Mary Pebodie, July 29. 
Martha, daughter of John and Phebe French, Aug. 19. 
Solomon, son of William and Rebecah Smith, Mar. 3. 
John, son of John and Mary How, Mar. 3. 
Samuell, son of John and Sarah Gould, Mar. 9. 
Ebenezer, son of William and Hana Averel, Oct. 14. 
Mary, daughter of James and Mary Waters, Feb. 7. 
Mary, daughter of Josiph and Phebe Towne, Mar. 27, 1670. 

Merrimake births: — 
William, son of Thomas, jr. and Mary Hardy, Jan. 11, 1669. 
Mary, daughter of Joseph and Susanna Pike, Apr. 17, 1670. 
William, son of Nicolles and Sarah Wallentine, Feb. 26, 1669. 

Rowley Village by Merrimake marriages : — 
David Haseltine and Mary Jewet, Nov. 26, 1668. 
John Tenny and Susana Woodbery, Dec. 2, 1668. 
Thomas Dow and Darckas Kimball, Dec. 17, 1668. 
Josiah Gage and liddea Ladd, May 15, 1669. 
Edmund James and Mary Michell, June 23, 1669. 

Rowley Village by Merrimake births: — 

Daniell, son of Daniell and Mary Bradly, Feb. 14, 1662. 

Joseph, son of Daniell Bradly, Feb. 7, 1664. 

Elizabeth, daughter of John and Liddea GrilBSnge, Oct. 14, 1667. 

Mary, daughter of Gilburd and Mary Wilford, Nov. 18, 1667. 

Thomas, son of Thomas, jr. and Mary Hardy, June 29, 1667. 

Ebenezer, son of Thomas and Mary EimbaU, Apr. 29, 1668. 

John, son of Joseph and Susana Pike, Sept. 1, 1668. 

Timothy, son of Mr. Samuell and Elizabeth Worsester, June 4, 
1669. 

Elizabeth, daughter of Benjamen and Marcy Kimball, July 24, 
1669. 

Elizabeth, daughter of William and Elizabeth Starlinge, Aug. 6, 
1662. 

Richard, son of William Starlinge, Aug. 5, 1663. 

Mary, daughter of William Starlinge, Sept. 14, 1664. 

^Autograph. 



174 SALEM QUARTBBLT COUBT [June 

John, son of William Starlinge, May 7, 1666. 
Hanah, daughter of William and l^abeth Starlinge, Feb. 14, 
1667. 
John, son of John and Mary Hardy, Feb. 11, 1668. 
Benjamen, son of William and Sarali Huchens, Jan. 12, 1668. 

Rowley Village deaths: — 
John, son of Joseph and Susanna Pike, Sept. 29, 1668. 
Mary, wife of Benjamin Gage, Dec. 20, 1668. 

Andover births, marriages and deaths: 

Abigail, daughter of John and Mary Lovejoy, bom Aug. 20, 
1669. 

Dorathy, daughter of Joshua and Elizabeth Woodman, bom 
Nov. 13, 1669. 

James, son of Henry and Mary Engolls, bom Sept. 24, 1669. 

Samuell, son of John and Rebecka Aslet died Dec. 20, 1669. 

An, daughter of Steven and Elizabeth Johnson, died Jime 26, 
1669. 

Henry Holt and Sara Ballerd married Feb. 24, 1669. 

"I intend this spring to be with you and bring your pay for 
this and the last yeare: I appointed John Low to pay you for 
what was done before. Ed. Fawkner."* 

Fined by Major Hathome: — 

On 1 : 1 : 1668-9, Jo. Barnes bound to Salem court for 
trading with an Indian. 

On 14 : 4 : 1669, John, a Naraganset Indian, for striking 
Mr. Wm. Holingworth's wife dead, was ordered to be whipped 
ten stripes well laid on, and ten stripes more for being drunk, and 
they charging Mr. Keaser with having given them a pint and a 
half of liquor, which said Keaser confessed, the latter was fined. 

On 3 : 3 : 1669, Thomas Male, for saying that Mr. Higginson 
preached lies and that his doctrine was of the devil, was ordered 
to be whipped ten stripes well laid on. 

Robert Enighte, aged about fifty-five years, deposed that 
several years ago he. Major William Hawthorne, Thomas Pit- 
man, and William Beale met to settle the bounds between said 
Beale and Pitman. The agreement was that the middle of the 
horse saw-pit near the head of the lots and a little white spot on 
a rock towards the water side on the west of an old path which 
went to the old miU and so to range from end to end on the same 
point between their land, should be the bounds, unless Richard 
Hide could swear to some particular ancient bounds. Sworn in 
court at Salem, 30 : 4 : 1669, before Hilliard Veren,* cleric. 

Inventory of the estate of Humphry Griffin, late deceased, 
appraised by James Davis and Theophilus Shatswell, allowed, 

* Antograph. 



1669] BECOBDB AND FILES 175 

COUBT HELD AT IPSWICH, SePT. 28, 1669. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Generl Denison and Major Wm. Hathome. 

Grand jury: Jo. Pickard, John Addams, Wm. Story, Jo. 
Andrews, Ed. Lomasse, John Caldwell, Tho. Newman, Abra. 
Tappan, Archel. Woodman, Wm. Acie, James Barker, Fran. 
Pabody and John Johnson. 

Jury of trials: Georg Gidding, Ens. Tho. French, Dea. Wm. 
Groodhue, Jer. Belcher, Sam. Graves, Robt. Addams, Wm. Ilslye, 
Wm. Morse, John Tod, Jo. Palmer, John Acie and Tho. Perkings. 

The constable of Andover, for not making return of a grand 
juryman, was fined 5s. 

Mar. 25, 1662, in Ipswich court: Wearing apparell, 71i.; beding, 
boulster, sheets, hanging or curtaines, 91i. ; brass. Iron pot, pew- 
ter, tinn & leaden waites, 21i. 10s.; gun, pistoll & powder, a rapier 
& belt, 21i. 10s.; 2 corsletts & another raper and houlsters, 31i. 
Ss.; a bible, 128.; axes, beetle rings, wedges & sides & Irons for 
fire, lli. 10s.; chests, payles, bowles, trayes, dishes, beer barrells, 
chaores, 21i. ISs.; beefe, 3 fatt swine & 3 leane swine, lOli. 10s.; 
In come English & Indian in the straw, 401i. 66.; cart plows, 
plow Irons, yokes, chaines & timbrell, 41i. 10s.; hows, forks, a 
spade, shoveUs, ISs.; a fan, a halfe bushell, 148.; a yoak of oxen, 
151i.; 2 cowes & 2 calves, llli.; 2 horses, 241i.; in land, upland 
& meddow, lOOli.; debts dew by bill or promise, 521i. Ts.; in cot- 
ton woole & a horse coller, 10s.; an ox hyde & a cow hyde, lli. 3s. ; 
total, 2901i. 6d. Debts dew from Griffen to severall men when he 
dyed was 1901i. Copy made, Apr 1, 1669, by Robert Lord,* 
cleric. 
Wm. Holingworth,* aged about forty years deposed, Feb. 26, 

1668, that about 1657 Farmer John Porter, sr., had a fit of sick- 
ness and made a will, giving to his son John Porter a horse and 
five pounds in money, also half a acre of land in Salem. After 
John, sr., recovered, deponent told him that he had done wrong 
in giving his son so Uttle to which Porter replied that it perhaps 
was so for John Rayment and others had said the same. But he 
had already given his son a good portion, nearly 2001i., which was 
the reason he gave him no more in his will. Sworn, Apr. 9, 1669, 
before Daniel Denison.* Sworn, 2:5: 1669, in Salem court. 

Willuam Dixse, aged sixty-two years, deposed that he heard 
Farmer John Porter say, when his son John Porter went first to 
England, that he had given him his portion, etc. Sworn, 2:5: 

1669, in Salem court. 

*Aatograph. 



176 IPSWICH QUARTERLY COURT (Sept. 

Thomas Baker v. Anthony Carrell. For not delivering him a 

division of land, etc. Verdict for plaintiff.* 
John How V. John Hutcheson. Debt. Verdict for plaintiff.f 
Tobiah Colman v. Allen Perly. For taking up and detaining 

a horse from him. Verdict for plaintiff.^ 

*John Jewett deposed that on Apr. 2, 1661, he was possessed 
of that land in Topsfield which he sold to Antony Carrell, it 
having come to him from his father Comings upon marriage. 
His father told him that he himself was rated in Topsfeld, and 
further that his father paid it for him and he allowed him for 
it. Sworn in court. 

fWrit, dated Sept. 21, 1669, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich by attach- 
ment of a parcel of tobacco of defendant's. 

Amme Coper testified that John Hucheson was to pay John 
How for his horse in tobacco and sugar as it went from merchant 
to merchant. Sworn, Sept. 28, 1669, before Daniel Demson.§ 

Jonathan Clark, aged about twenty-one years, deposed. 
Sworn in court. 

John How received of John Hucheson three score and fourteen 
pounds of tobacco and five score and one pound of sugar. 

John How's bill of cost, lli. 2b. 4d. 

John Hutchinson§ of Salem acknowledged a debt of 81i. 10s. to 
John How of Topesfeld, dated Aug. 12, 1668, in consideration of 
a horse; if the horse lived to Barbadoes, said How was to have 
his pay in tobacco and sugar, but if it died, he was to have but 
41i., or if the horse was otherwise disposed of he was to have the 
money. Wit: Recherd (his mark) Husheson and Ame (her 
mark) Coper. Sworn by Ame Cooper, Sept. 28, 1669, before 
Daniel D^iison.§ 

Itemized account of the sugar and tobacco received by John 
How to the amoimt of 81i. 13s. 6d. 

{Writ, dated Sept. — , 1669, signed by Robert Lord,§ for the 
court, and served by Robert If0rd,§ marshal of Ipswich. 

Letter of attorney, dated Sept. 7, 1669, from Tobiah (his 
mark) Coleman of Rowley to John Pickard and Jeremiah Jewett. 
Wit: John Jewitt§ and Joseph Chaplin.§ 

John Jewett and Jeremiah Jewett, aged about thirty-two 
years, deposed that about three years ago Tobiah Coleman had 
a mare and a colt, the latter having a fair round star in his fore- 
head. They were winteri^ at Jeremiah Jewett's and deponents 
knew them as well as their own creatures. Sometime after, 
Joseph Chaplin took up a colt that they affirmed was Coleman's. 
Sworn in court. 

fAutograph. 



1669] RECORDS AND FILES 177 

Stephen Hassoott v. Mordicha Creford. Debt. Withdrawn. 
Tho. Enowlton v. John West. Breach of promise or agree- 
ment. Withdrawn and put to arbitration.* 

Jonathan Hobkinson and John Hobkinson deposed that Sam- 
neU Pearlay came to look up a colt at Tobiah Coleman's in behalf 
of his father. He described their colt as having a private mark 
that no one knew about, that is, a white spot in the eye or some 
part of a wall eye. He could not find the mark on the colt, but 
his brother John could tell, etc. Sworn in court. 

Andrew Hidden deposed that he had often seen this colt when 
he was keeping cattle, etc. Sworn in court. 

John Pickard deposed that being at the house of John Pearlay, 
he asked about a colt that looked like Coleman's. Also that 
said Pearlay said he had the colt and intended to keep it, etc. 
Sworn in court. 

Isaac Foster deposed concerning the marks. Sworn in court. 

Joseph Chaplin, aged about twenty-two years, deposed. Sworn 
in court. 

James How, jr., aged thirty-four years, deposed. Sworn in court. 

Zachees Courties, aged about twenty-two years, and Sarah 
Perly, aged about twenty-one years, deposed that Joseph Chap- 
len said he had not seen Coleman's colt for the year. Sworn in 
court. 

John Parly, aged about thirty-three years, deposed. Sworn in 
court. 

John and Jeremiah Jewett deposed that Tobiah Coleman spent 
much time looking for the colt, which time was worth fifteen 
shillings. Sworn in court. 

James How, jr., aged about thirty-four years, deposed that last 
June Timothy Perly came riding to him at his work and the colt 
upon which he was riding was that which Coleman had taken up. 
Sworn in court. 

Nehemiah Abott deposed concerning the marks. Sworn in 
court. 

John Bridges, aged about twenty-two years, and Abreham 
How, aged about twenty years, deposed concerning the cutting 
of the mare. Sworn in court. 

Steven Bamud, aged about twenty years, deposed that two 
years ago this mare broke into Goodman How's com and deponent 
and Abraham How pounded him in a bam. Sworn in court. 

Thomas Perley, aged twenty-eight years, deposed concerning 
being at his father Perley's, etc. Sworn in court. 

* Copies of Salem court record of June 29, 1669, writs, bond, 
and depositions in relation to the action between said West and 
Knowlton, made by Hilliard Veren,! cleric. 

fAntograph. 



178 IPSWICH QUARTERLY COURT [Sept. 

Mr. John Ruck v. John Browne & Co. For withholding about 
20h. Defaulted.* 

Eivan Morice, upon acknowledging in court that he was drunk, 
was fined. 

Upon complaint of Godfry against Daniell Ela for extortion, 
taking excessive fees as the marshal's deputy and contempt of 
court, said Ela was fined and was ordered to be imprisoned until 
he pay it or give security to the Treasurer.! 

Nicholas Marbell deposed that he heard John West ask Wil- 
liam and Samuell Enolton whether they were to do any sawing 
work for Thomas Enolton and they said yes, and that ''he would 
doe them word" when they should come. Sworn, June 19, 1669, 
before Daniell Denison.^ 

PhiUp Foular deposed. Sworn in court. 

♦Writ, dated 17 : 7 : 1669, signed by Hilliard Veren,t for the 
court, and served by Henry Skerry, | marshal of Salem, who 
delivered the fish into Mr. Batter's and John Browne's hands. 

John Ruck's bill of cost, 19s. 6d. 

fJohn Godfry's complaint, to Ipswich court: that whereas 
Daniell Ela, the marshal of Hampton's deputy in the case of 
Mathias Button ''against your poore Complainant wherby your 
poore Complainant did deeply suffer & is like to suffer as long as 
he y* complainant shall hue, the said Daniel Ela by reason of his 
Rigor toward y^ Compl: as also by exacting three bonds of him 
wUch was due to y' Compl: from Thomas Lilford of Hauerill 
which was about thirty pounds or upwards for his fees, and now 
the Last weeke haueing order from y* worships to cary up a speciall 
warrant to y* constable of Hauenll for him to appeare at this 
hon^ court He attached mee in eighty pounds bond ptending to 
bee John Remington's Attumey and there your Compl: had like 
haue bin had to Hampton prison. Had not Robert Clemens 
out of pitty towards me, bailed me, and so he taks all opper- 
tunityes he can meet with to vex & molest mee & stirs up others 
to do the like by takeing other mens cases in hand against y^ 
Complainant the thirty pounds & upwards it appears he had for 
his fees," etc. 

Writ, dated 6:7: 1669, signed by Hilliard Veren,t cleric, and 
served by Thomas Whittier,^ constable of Haverell. 

Copy of Salem court record of 29 : 4 : 1669, in an action 
between said Godfry and ELah, made by Hilliard Veren,t cleric. 

Letter of attorney, dated Sept. 27, 1669, given by Thomas 
Whittier,t constable of Haverhill, to James Sanders. 

James Ordway,| aged about forty-five years, and Robert 
Beadle, t aged about thirty-six years, deposed that John Godfery 

^atograph. 



1669] BB00BD6 AND FILES 179 

Samuell Moody was fined for not appearing to serve on the 
grand jury. 

Quartermaster Perkins had his license renewed for a year, also 
his license to draw liquors. 

The town of Newbiuy, presented for want of an ordinary to 
entertain travellers, was ordered to provide for some one before 
the next Ipswich court to keep an ordinary there or pay a fine 
of5U. 

Henry Combes dying intestate, administration upon his estate 
was granted to Elizabeth Combes, the widow, who was to bring 
in an inventory to the next Salem court. 

Court ordered that there being about seven or eight pounds 
remaining at Lynn of the county rate, it should remain toward 
the satisfaction of said town of Linn for their charges laid out 
about Lynn bridge. 

Daniell MusseUeway, complained of for abusing Henry Short's 
maid and daughter, was ordered to be whipped, pay a fine, to be 
imprisoned until he pay it and satisfy his master forty days' 
work after his time was out. Also to pay costs to John Ewen.* 

being prisoner at Salsbury in custody of Daniel BHa, after he had 
been in the pillory, Mathias Button being present, they agreed 
that if Godf ery would make over by assignment Edward Phillips' 
bond, also Thomas Linsford's and Button's bond, he should be at 
liberty. So Godfery, being afraid of the prison, having had 
experience with the miserable place, agreed to anything. Sworn, 
June 24, 1669, before Daniel Denison.f 

Anthony Sumersby and Rebecka Somersbe testified to the 
same. Sworn, June 24, 1669, before Dan. Denison. Copy made 
by HUiard Veren,t cleric. 

^Warrant, dated Sept. 1, 1669, for the apprehension of Daniel 
Mesulluah on complaint of John Yewen, signed by Daniel Deni- 
son,t and served by Daniell Pearce,t constable of Newbury, who 
committed him to Will. Fanen and Josiph Braybrook. 

Rachell Brabrock and John Yeiuen deposed. Sworn in court. 

Sara Shortf of Nubury, aged about fifty years, deposed, Sept. 
27, 1669, that on Sept. 7, Daniell Massilloway being in discourse 
with her son Henry Short or Joseph Brabrooke about John 
EiWens, he would knock Ewens on the head, which words together 
with his absence on the fast day toward night being about two 
days after ''and considering his being of the Irish bloud made 
me fearfull of some mischeiuous intent & thereupon warned the 
sayd Ewens," etc. Sworn before Joseph Hills.t 

fAatograph. 



180 IPSWICH QUARTERLY COURT [Sept. 

John Edwards, for abusing Abner Ordway, was fined and bound 
to good behavior.* 
John Edwards bound, with Joseph Leigh as surety. 

Sarah Shortf testified concerning Daniel Massilloway's lewd- 
ness. Sworn, Sept. 27, 1669, before Joseph Hills.t 

Rachell Brabrock deposed that Maceleway called John Uien 
a dog. 

Examination of Rachell Brabrock, Sept. 3, 1669, before Daniel 
Denison,t concerning Massilloway's lewdness. 

John Yewen, ag^ about thirty years, deposed that Daniell 
Massilloway went into the woods where he was tending a flock 
of sheep, intending to do him mischief because he had told his 
dame about said Daniel's misdemeanors. Sworn, Sept. 3, 1669, 
before Daniel Deiiison.t 

Joseph Brabrook, aged twenty years, and Henry Shortt, aged 
seventeen years, deposed. 

Robin Mingo deposed concerning what he overheard in Short's 
house and the fight between the two men. Also ''when Youen 
lined with my master befor: hee did usually quarall with ouer 
seruants and challeng them to fight: and At haruast tim hee 
would throu downe his sickell and bid them Com forth If they 
dard," etc. Joseph Brabrook deposed the same. 

William Fannen, aged about twenty-«even years, deposed. 

*Henery Kemball, aged about fifty-three years, and John 
Trask, aged about twenty-one years, deposed that last "second 
day was a senit," they heard John Solard say that being at John 
Edwards' house when Goodman Ordaway and said Edwards 
were quarrelling, he and his sister went out, etc. Sworn in court. 

John Fayerfield, aged about twenty-eight years, deposed that 
he was at the house of Thomas Geddens when John Edwards 
followed him out and with his thumbs under deponent's ears, his 
fingers under his throat and his knee against deponent's back, 
lifted him from the ground and threw him down and struck him 
several blows. Sworn in court. 

Abner Ordaway, aged about fifty-eight years, deposed con- 
cerning Edward's treatment of him at the latter's house. Sworn 
in court. 

Robt. Hibbord, aged about twenty-one years, deposed that 
they were jesting and he saw Farefield fling a clod of clay at his 
master Edwards, and the latter ran after him and they fought 
in earnest. Fairefield said he would make his nose as flat as a 
chip and took off his neckcloth, unbuttoned his jacket, etc. 
Sworn in court. 

On the reverse of the foregoing paper: '' Jno Andrews & Stephen 
Crosse There Agreement about M' Wads Bame." 

tAatograph. 



it- 






1669] RECORDS AND FILES 181 

Nathaniell Wells complaining of Peeter Strickland, court 
ordered that said Strickland should return to his master's ser- 
vice according to agreement, and upon the next complaint of 
unfaithfulness to be sent to the house of correction. Also to 
serve his master a month longer for his neglect and stubbornness 
after his year expired. 

Joseph Brabrooke, having reached the age of twenty-one years, 
discharged Symon Tompson, his guardian. 

Marke Quilter was fined for excessive drinking.* 

Mary Allen complained of Thomas Jaquisse for assault and 
misdemeanors on Sept. 23, 1669, and he was bound to appear at 
the next court.f 

John Godfry's complaint against Daniell Ela was transferred 
to the next Salem court, and said Godfry gave bond for appear- 
ance. 

John Godfry, fined for taking tobacco in the streets in 1666, 
which fine was respitted, was ordered to pay one half to the 
informers, the other half to be remitted. 

Whereas there was an order made at the court Sept. 29, 1663 
for the husband of Susanna Roberds to give security for the pay- 
ment of the portions of Robert Roberds' child set by the court, 
court ordered that Thomas Perrin give such security to Robert 
Lord, clerk. 

Given to the house, 5s. 

Will of Elder John Whipple of Ipswich, dated May 10, 1669, 
proved Sept. 28, 1669, by Mr. Wm. Hubbard and Robert Day: 
To Susanna Worth of Newbury, his eldest daughter, 301i., a silver 
beer bowl and silver wine cup; to daughter Mary Stone, 201i., 
a silver wine cup and silver dram cup; to daughter Sarah Good- 
hue, 201i.; all the rest of his household goods to be divided 
among his daughters; to Anthony Potter, his son-in-law, 40s.; 
to wife Jennett, 241i., an annuity of 61i., and the four-score pounds 

^Thomas Maning deposed that he saw Marke Quilter going in 
the street between old Groodman Kimballes and Goodman Rop- 
eres, staggering and reeling, etc. Sworn in court. 

Caleb Kimball deposed that he asked him if he was drunk and 
he said nothing. Sworn in court. 

fWarrant, dated Sept. 29, 1669, signed by Robert Lord,^ mar- 
shall of Ipswich, who appointed John Dane, jr., his deputy. 

tAntograpb. 



182 IPSWICH QUARTERLY COURT [Sept. 

to be returned according to agreement before marriage, in wheat, 
malt, Indian com and cattle; no debt to be charged to his wife 
as touching any of her daughters unless it be proved on account 
of Mercy, Sarah or Mary. Overseers: Mr. William Hubberd and 
Mr. John Rogers of Ipswich. John Whipple, executor. Wit: 
Wm. Hubbard, Robert Day and Edward Lomase. [Original on 
file in the Registry of Probate.] 

Inventory of the estate of Mr. John Whipple, who deceased 
June 30, 1669, appraised July 15, 1669, by Richard Hubberd and 
John Appleton: House and land, 2501i.; wearing apparel, plate, 
a stiU, musket, one paire of musterd quemes, two mortars, books, 
household furnishings and utensils, 4441i. Is. Allowed in Ipswich 
court, Sept. 28, 1669, upon oath of Comet John Whipple. [Orig- 
inal on file in the Registry of Probate.] 

Will of Edward Hall of Linn, dated Feb. 2, 1667, and proved 
by John Burrill, Sept. 28, 1669, in Ipswich court: Wife Sarah 
and son Joseph, executors; son Joseph to have half his house and 
land when he comes to age, and his wife the other half; to son 
Ephraim and daughters Elizabeth, Rebeckah and Martha, lOli. 
each; to daughter Rebeckah, a copper kettle at age; Nathaniell 
Kertland and John Burrall, overseers. Wit: Nathaniell Eert- 
land, John Burrill and Henry Rhodes. [Original on file in the 
Registry of Probate.] 

Inventory of the estate of Edward Hall, taken Sept. 12, 1669, 
by Nathaniell Eirtland and John Burrill, and allowed Sept. 28, 
1669, in Ipswich court by Sarah Hall, the widow: House, 
orchard and land, domestic animals, tools, household furnishings 
and utensils, gun, sword, etc., 126U. 2s. [Original on file in the 
Registry of Probate.] 

Will of Thomas Palmer "very weake of body & full of paine,'' 
dated Aug. 2, 1669, and proved by Samuell Brocklebanke and 
Ezekiell Northend, Sept. 29, 1669, in Ipswich court: To wife 
Ann, two cows, two cow gates. Bachelor meadow, meadow next 
to Mrs. Rogers beyond the cow bridge, salt marsh bought of 
John Tod near Shad creek, half the home lot, one room in the 
house and room in the bam for hay and cattle; to sons Samuell, 
Timothy and Thomas, the remainder of the estate equally divi- 
ded, to Samuell the house and home lot; to Timothy, the Village 
land, and to Thomas, the Merrimack land; wife Ann and eldest 
son Samuell, executors. Wit: Maxemilian Jewett, Samuell 



1669] REGOBDS AND FILES 183 

BrocUebanke and EzekieU Northend. [Original on file in the 
Registry of Probate.] 

Inventory of the estate of Thomas Palmer, taken Sept. 5, 1669, 
l^ James Bayly and Ezekiell Northend, and allowed, 28 : 7 : 
1669, upon oath of Ann Palmer: House, land, Bradford street 
lots and apple-trees, 401i. ; land at New bridge, new plain, on the 
common, etc.; five cow gates, land at Hogg island bought of Mr. 
Nelson; books, wearing apparel, household furnishings and 
utensils, domestic animals, tools, looms, armor; total, 3071i. Ss. 
6d. [Original on file in the Registry of Probate.] 

Elizabeth Stace dying intestate, Mr. Samuell Symonds and 
Major Generall Denison granted administration to Symon Stace, 
her son, Nov. 11, 1669, who was ordered to bring in an inventory 
to the next Ipswich court. 

Mortgage deed, dated Nov. 4, 1669, Thomas Perrin of 
Ipswich, husbandman, who married the widow of Robert Rob- 
berts of Ipswich and was to give security for the children's por- 
tions, to the County Treasurer, 31 1-2 acres of marsh at Plumbe 
island, purchased by him and his late wife, as follows, 15 acres 
bought by his late wife of Comett John Whipple and 4 1-2 acres 
by himself of John Perkinge, 6 acres of Thomas Borman, and 3 
acres of Richard Jacob by his late wife, also 3 acres of marsh 
granted his wife by Ipswich in Plumbe Island. Wit: John 
Browne and Robert Lord. 

CouBT HBLD AT Hamfton, 12 : 8 : 1669. 

Grand jury: Rich. Wells, Isaac Buswell, Sam. Felloes, Tho. 
Davis, DanieU Hendrick, Wm. Fullar, Henry Green, Abraham 
Pirkins, Robert Smithe, Henry Moulton, Wm. Barnes, Leift. 
Challis and Jonathan Thing. 

Jury of trials: Jno. Severans, Jno. Clough, Henry Palmer, 
foreman, Sam. Colby, Jno. Sambom, Wm. Fifeild, Tho. Marston* 
Jno. Clifford, jr., Henry Dowe, Jno. Hoyt, sr., George Carr, jr., 
Jno. Beane and Jno. Fulsham, jr. 

Jno. Huggins v. Robert Smith. For molestation and battery 
in troubling him and his cattle upon his own ground, said Huggin 
epeaking to him to forbear, said Smith made several thrusts at 
him with his cudgell, threw him down, pitched his knees upon 
him, gripped him by the throat almost strangling him and lee4>ed 
or kneaded upon him until he was rescued by Goodman Enowles, 



184 HAMPTON QUARTERLY COURT [Oct. 

which was a pretty space of time. Said Hi^in was not able to 
rise nor go, but was lifted up and led by a young man to his 
house, fainting by the way. Verdict for defendant. Plaintiff 
appealed. 

Dan. Ela, attorney to Jno. Remington v. Jno. Godfrey. For 
illegally or feloniously taking away two reddish oxen and one 
cow belonging to said Remington out of the hands of Jno. Griffin 
of Haverhill, also for taking a horse in like manner at Jno. 
Osgood's of Andivor. Verdict for defendant. Court did not 
concur. 

Christo. Bartlet v. Georg Martyn. Slander. For saying that 
he was a har and a thief and had stolen leather. Verdict for 
plaintiff, a fine or an acknowledgment by Martyn's wife as the 
court should appoint. Court accepted the verdict and ordered 
said Susanah to make acknowledgement in open court on Oct. 14. 

Jno. Young v. Jno. Redman, sr. For making use of his horse 
and riding him without order. Withdrawn. 

The town of Salisbury's fine for want of weights and measures 
was respitted until the next Salisbury court. 

Robert Smith v. Jno. Huggin. Assault and battery. For 
coming upon him violently saying ^'I will kill or be killed," and 
for quarrelling with him several times, as when he was ditching 
in the marsh; also at another time throwing a sickle or reap 
hook at him, and at the last haying time when said Smith was 
driving some calves out of Huggins' marsh, putting him in fear 
of his life. Verdict for defendant. Appealed to the next Court 
of Assistants. Hen. Roby and Robert Smith bound. 

Joseph Davis v. Capt. Barefoot. Replevin. The replevin 
appearing to be illegal, court ordered the plaintiff to pay costs. 

Joseph Davis v. Capt. Barefoot. For by his own employing 
of the marshal's deputy by virtue of an assigned execution, being 
instrumental in keeping said Joseph under restraint by false 
imprisonment at Kittery. Verdict for defendant. Appealed to 
the next Court of Assistants. John Redman and Joseph Davis 
bound. 

Nicolas Lissen v. Tho. Mounsall and Abraham Collins. For- 
feitiu'e of a bond, for not bringing a discharge to free Nicholas 
Lissen from Moses GUman. Special verdict found. 

Comelious Larie and Joseph Berrie acknoxdedged judgment 
to Mr. Richard Cutt. 



1669] RECORDS AND FILES 185 

Moses Gilman was licensed to keep the ordinary for Exiter for 
the ensuing year. 

Jno. Redman v. Edward Colcord. Defamation. For sa3ring 
that plaintiff had taken a false oath about a share of commonage 
sold to Tho. Chace in a case between Mr. Ruck and said Col- 
cord. Defendant owned the charge. Jury found that Red- 
man's oath was three days after the assignment and acknowledg- 
ment and seventeen days before recording said Ruck's bill of 
sale. It was left to the bench to determine the costs. 

Mr. Ric. Cutt v. Jno. Moulton. Debt. Verdict for plaintiff. 

Jno. Redman, jr. v. Christopher Palmer. Trespass. For 
fencing in, feeding and improving seven acres of land of said Red- 
man, given him by his grandfather Rob. Knight, lying in Hamp- 
ton, adjoining the pasture land of Robert Page in the east field; 
also for endeavoring to alter the title of said land. Verdict for 
defendant.* 

Dan. Ela responded to answer Jno. Gkxlfrey whatever charge 
he recovered in the case between Remington and Godfrey. 

Joseph Hatt. [or Hall] was fined 10s. for absence from a jury 
of inquest from Exiter. The ''rest of y^ Jurie are allowed 12d. 
a peece for their refreshing together w^ other wicked practices of 
3^ sd Jn** Godfrey tending thervnto. " 

Daniell Ela, in behalf of the country v. Jno. Godfrey. For 
wilful firing and burning of the dwelling house of Matthias But- 
ton, which Y^as the cause of the death of said Button's wife. Jno. 
Godfrey upon examination answered, ''Why should I bely my 
self: there be y^ wittness: & askt whither he should go & execute 
himselfe & did ptest y^ he was cleare of fiering y^ house & knew 
not of it: & y^ he went to corlis his house, & y' remaind til but- 
ton came w*** his family." 

Mr. Andrew Wi^in took the freeman's oath, being allowed by 
the General Court. 



*Henry Dow, aged about thirty-five years, deposed that in 
the Bununer of 1655, he was at work in his lot adjoining Christo- 
pher Palmer's pasture, when said Palmer, John Riedman, sr., and 
Roger Shaw came to him and asked him to go with them to lay 
out Palmer's 20 acres which he bought of Goodman Redman. 
So he went and they began at the comer of Roberd Page's pas- 
ture to the brook in the swamp, etc. It was commonly called 
Goodman Palmer's pasture even since it was fenced. Sworn in 
court. 



186 HAMPTON QUARTERLY COURT [Oct. 

Jno. Godfrey acknowledged that he was at Button's house 
the day before the house was burned and went about ten or 
eleven o'clock to Corlis' house; that he said to Goody Button, 
lying upon the bed, "Woman waigh me out some meat/' and she 
arose and gave him meat and brought in water; also that he 
made a little fire of small wood upon the hearth. 

Court considered that it did not appear to them that Godfrey 
Dearbome was legally chosen constable by the town of Hampton; 
also that on account of the insufficiency of the man by reason of 
his great age and weakness, they ordered the constable forth- 
with to call a meeting of the inhabitants to make a new election. 

Joseph Davis and Mrs. Hannah Carleton were appointed 
administrators of the estate of Mr. Jno. Carleton of Haverhill 
and were ordered to bring in an inventory to the next Salisbury 
court. 

Exiter's fine for want of a pound was respitted until the next 
Salisbury court. 

Henry Ambros, for misdemeanors in concealing goods stolen 
by his brother Eben. Ambross, was ordered to be whipped ten 
stripes or pay a fine of five pounds. 

Francis Page was sworn to the office of a constable for the 
town of Hampton for the ensuing year. 

Lissen was fined for not prosecuting his appeal to the last 

Court of Assistants. 

The jury found the presentment against Rich. Martyn, and that 
against Susanah Martyn. 

Robert Smithe and Jno. Huggin, convicted of misdemeanors 
in quarrelling and stru^ling one with the other, were fined. 

Capt. Christo. Hussey, Ensigne Sambome and Mr. Sam. Dal- 
ton were sworn to end small causes for the town of Hampton for 
the ensuing year. 

Mr. Sam Dalton and Mr. Jno. Sambome were appointed a com- 
mittee to audit the accounts of Natt. Wear concerning his admin- 
istration of the estate of Francis Swaine, and to present it to 
the next County court to be held at Salisbury. 

Whereas Ric. Martyn was presented by the grand jury at the 
Salisbury court, 1669, for abusing his father and throwing him 
down, taking away his clothes and holding up an axe against 
him, the case being, at said Martyn's desire, committed to a jury, 
the said jury found the presentment. Court sentenced him for 



1660] RBOOBDS AND FILES 187 



high misdemeanor to be whipped ten stripes, on 14 : 8 : 1669, 
at Hampton meeting house immediately after lecture is ended. 

Jno. Godfrey was to attend the next Court of Assistants to 
answer such complaints as Dan. Ela made about wilfully burning 
Button's house and occasioning the death of his wife. Dan. Ela 
bound, and Jno. Godfrey and Peter Godfrey, sureties. 

Jno. Godfrey was to appear at the next Salisbury court to 
answer a complaint against him for profaning the Sabbath day 
by travelling from town to town, and for lying. 

Georg Martyn bound for his wife's appearance. 

Ordered that summons be given to Dan. Ela about complaints 
against Godfrey. 

Mr. Colcord was ordered to pay part of his bond and the rest 
was respitted until the next Salisbury court, and to pay for the 
hay, etc. 

Ten shillings allowed by the court to the servants of the house. 

COXTBT HELD AT SaLEM, NoV. 30, 1669. 

Judges: The Worshipfull Mr. Simond Bradstreet, Mr. Samuell 
Simonds, Majr. Daniell Denisson and Majr. Wm. Hathome. 

Grand jury: Mr. Thomas Laughton, Samll. Ebbome, Will. 
Trask, Tho. Bootes, Nathaniell Howard, William Benett, Nicholas 
Merrett, Ensigne John Fuller, Andrew MansfeUd, Frances BurreU, 
Tho. Millett, jr., and John Fiske. 

Jury of trials: Mr. Samll. Gardner, John Neale, John Ingerson, 
John King, John Lovet, sr., John Gatchell, sr., Moses Chadwell, 
Tho. Broi¥ne, Timothy Soames, Charles Gott, William Lake and 
Elias Mason. 

Mr. William Browne, sr. v. John Clearke. Debt. Defaulted.* 

John Putnam v. Hen. Keny. Defamation. Verdict for 
plaintiff.f 

Execution, dated 7 : 10 : 1669, against George Martyn to 
satisfy judgment granted to William Sargent, signed by Tho. 
Bnulbury,^ for the court. 

♦Writ: Mr. William Browne, sr. v. John Clark of Wenham; 
debt; dated Oct. 1, 1669; signed by HilUard Veren,t for the 
court; and served by Henry Skery,| marshal of Salem. Bond 
of Zacharia Herick,| John Clark| and Richard (his mark) Kimball. 

tWrit, dated 24 : 9 : 1669, signed by Hilliard Veren,t for the 
court. 

^atograph 



188 SALEM QUARTEBLT COUBT [NoV. 

John Godfery v. Abraham Whittaker. For non-payment of 
the rent of about four acres of land. Special verdict. If the 
writing which had no date were legal, they found for the plain- 
tiff, if not, for the defendant. Court gave judgment for 
plaintiff.* 

Mathew Farrington v. Mark Graves and Eliza, his wife. For 

John Putnam's bill of cost, lli. 6s. 2d. 

Tliomas Greene deposed that last August at Ipswich river 
there was a difference between John Putnam and Henery Keney 
about the carting over a parcel of said Putnam's meadow, which 
the latter refused said Keney to pass over at that time. 'Then 
Thomas Putnam, jr., rode over the river upon his father's' horse 
"then John putnam did stope him on his owne meadow and said 
that hee should not bringe over henery Eeneys Cart there, A 
this way on the north side of the riuer, & goodman Keney at that 
time was not ouer the riuer & further saith that hee Did not see 
John putnam Doe any thing, nor hard him speake one word that 
tended toward stopeinge of goodman keny on the south side of 
the riuer all thou^ I was there all the time," etc. John Putnam 
told Goodman Keney that if he would not stand out of his way, 
he would break his head. Goodman Keney answered ''Strick 
if you Dare, If you will strick the first blow I will stricke the 
second & sayd giue me my pitchforcke boy let him Come if hee 
Dares." Sworn in court. 

Bobut Princ and Nathanell IngersoU deposed that they heard 
Goodman Keene call John Putnam cheating knave, etc. Sworn 
in court. 

*Writ: John Godfery of Salem v. Abraham Whitticker of 
Haverhill; for non-pa3rment of the rent of four acres of land 
that was formerly John Remington's, which land was let to said 
Whitticker by said Remington; dated Nov. 23, 1669; signed by 
Nathll. Saltonstall,!^ for the coiu*t; and served by Edward Clark,t 
deputy for Tho. Whittier,t constable of HaverhUl, by attachment 
of a mare of defendant's. 

Agreement, without date, between Abraham (his mark) 
Whiticker and John (his mark) Godfry, that Godfry let to said 
Whiticker all the houselot and orchard formerly John Reming- 
ton's at Haverell, for the sum of two pounds and five shillings 
in rent for one year, and for the next year, three pounds, in case 
it was not sold in the meantime. Wit: George Corlis.t 

John Godferyes bill of charge, lli. 15s. 4d. 

Joanna Corlis, wife of George Corlis, deposed that she saw the 
paper signed. Sworn, Nov. 27, 1669, before Nath. Saltonstall,t 
comr. 

fAutograph. 



1669] RECORDS AND FILES 189 

refusing to "sign and seal" on a legal deed. Verdict for plaintiff. 
The charge disbursed by the plaintiff upon the mill was to be 
paid in partnership.* 

*Writ: Mathew Farington v. Marke Graves and Elizabeth, 
his wife; for refusing to "sign and seal" a legal deed for con- 
veying their whole right and interest to the tide mill at Lin, 
with the lands, meadows, marsh and upland, as per covenant 
dated Nov. 1, 1669, and in a deceitful way obtaining said cov- 
enant of him to whom it was intrusted and burning it; dated 
Nov. 8, 1669; signed by John Fuller, f for the court; and served 
by John Newhall,t constable of Lin, by attachment of two oxen 
and half the mill and land of defendant. 

Bond, dated Nov. 20, 1669, from Mathew Farington of Lin, 
yeoman, to Marke Graves, with Elizabeth his wife, in behalf of 
themselves and her children dwelling at Lin, for 2001i., to be 
paid in com or lean cattle when said children become of age or 
otherwise upon the freeing, clearing and discharging the water 
mill, housen, orchard, gardens, etc., as sold by contract to said 
Farmgton, etc. [No signatures.] 

De^, dated Nov. 20, 1669, from Marke Graves and Elizabeth, 
his wife, formerly the wife of John Farington of Lin, deceased, 
to Mathew Farington of Lin, for forty ewe sheep, four cows and 
six score pounds, all their water mill, commonly called the tide 
mill of Lin, with the dam, pond, utensils, house, bam, etc. [No 
signatures.]} 

Copy of contract, dated Nov. 1, 1669, promising to give a 
l^al deed and possession of this property, signed by Marke 
Graves and Elizbeth (her mark) Graves. Wit: Joseph Armin- 
tage, Thomas NewiQ and Robert Potter. 

Jo6q)h Armintage, Thomas Newill and Robert Potter, all of 
Lin, deposed that the forgoing was a true copy of a contract left 
in the hands of Andrew Mansfield who was to draw up a deed of 
sale, and that on Nov. 20, 1669, said Farrington drove the cows 
and sheep to said Graves and his wife, and the latter rejected 
them. Sworn in court. 

Andrew MansfeQd, aged about fifty years, deposed, Nov. 29, 
1669, that Joseph Armitage asked him to draw up the deed and 
bond. Before he had opportunity to do it, Marke Graves and 
his wife came to him and asked that the children's ages be included 
in |the writing. Taking the paper, deponent went to put the 
names on the back in order to remember when he drew up the 
d€«d, when some wet fell on it while it was in his hand and he 
went to the fire to dry it. "But my son Coming with Barrills of 
sider in the cart I desired one of the children to drye the sd rite- 
inge while I went to helpe unLoade the sider, it being in the night. 

fAatograph. {Seals «* W. H.'* and *«D. H.'' in exceUent condition. 






190 SALEM QUABTERLT COUBT [NoV. 

Edmond Farington v. Marke Graves and Eliza, his wife. For 
refusing to give and make payment of an estate of one-half of a 
mill, land and c)Bittle. Verdict for defendant. Mathew Faring- 
ton, the attorney, engages to be responsible in place of said 
Edmond.* 

John Devorix v. Mr. Moses Maverick, Jno. Peach, sr., John 
Peach, jr., and Richd. Rowland, proprietors in the farm called 
Mr. Humfryes farm. For non-performance of agreement in 
making up a fence. Verdict for plaintiff.f 

sd Marke graues I will drye it for you, I haueing not the Least 
suspition of any danger, they Comeing in the name of Joseph 
Armitage whoe delivered the sd riteing to mee Lett him haue the 
riteing, whoe while I was unloading the sider, Lett his wife haue 
it whoe burnt it in my absence as shee acknowlidged when I 
came in: declaring what a greefe it was to her spiritt, y^ shee 
shoiUd sett her hand to that riteing, which would bee such a 
wrong to the fatherless children." Sworn in court. 

Thomas Newell, Rob. Potter and Joseph Armintage, all of 
Lin, deposed that they were called to view the tide null, Nov. 1, 
1669, and that it was in a very bad posture and not likely to 
stand. Immediately after the bargain, however, Farrington 
disbursed upon the mill to secure her and make her fit for use, 
in rocks and stones, so that now the mill is worth 201i. more 
than it was then. The mill in one man's hands is and may be 
of very good use, but in partnership worth very little or 201i. 
worse, and for the damage in procuring sheep and tendering the 
pay, at least 31i. Sworn in court. 

Mark Graves* bill of cost, lU. 5s. 6d. 

Damage for the non-performance of the bargain of the tide 
mill at Lin, 441i. lOs. 

*Mathew Farington's bUl of cost, 21i. 4s. 

tWrit, dated 28 : 9 : 1669, signed by Hilliard Veren,t for the 
court, and served by Erasomus James, { constable of Marblehead. 

John Deverick's bill of charge, lli. ISs. 4d. 

Agreement, dated 2:1: 1667-8, between Mr. Mavericke and 
partner on one part and John Deverick of the other part, written 
by Wm. Hathom,t who made oath 30 : 9 : 1669, before Hilliard 
Veren,t cleric. They agreed that the Deverex farm should be 
fenced before 3 mo: 1669, from his com field fence to the pine, 
on the plain and ''from the line below the highway neare forte 
hill down to y* stonie beach this to be made the one halfe by 
The Comon*" A the other by Jo. Deverex. 2. it is agreed the 
one ptie to mak as good & sufiicient. 3. it is agreed that what 

{Antograph. 



1669] BECOBDB AND FILES 191 

Peeter Miller v. Joseph Bowed. For taking out of the stage 
of plaintiff several barrels of mackerel and carrying them away. 
Verdict for plaintiff.* 

Peeter Miller v. Joseph Bowed. For coming into his stage, 
taking away two barrels of mackerel and ''breaking of bulke 
before y^ generall was paid.'' Verdict for defendant.! 

Mr. Simond Bradstreet and Mr. Edward Ting v. Ensigne 
James Pecker. Debt. For breach of bond or covenant relating 
to the saw milne at Haverill. Verdict for plaintiff. Appealed to 
the next Court of Assistants.} 

Lfand of Jo. Deverex his farme shall be Left out that he shall pay 
toward the Ck)mon fence by proportion, & shall put in CatteU 
as other Comon*" doe & no other ways untiU he shall in close." 

Samuell Morgen, aged thirty-two years, deposed that being at 
Major Ebrthom's house he heard Mr. Mavarick, Jams Smith, 
Ricnard Ruland and the two Pechis make the agreement, which 
if not fulfUled, each should forfeit lOOli. Sworn in court. 

John Waldeme and Peeter Greenf eild deposed that the wife of 
John Deverex desired them to go and see the fence which said 
Deverex had set up on his farm and against the common of Mar- 
blehead and they found it sufficient for three hundred rods. 
Sworn in court. 

*Writ, dated 26 : 8 : 1669, signed by Hilliard Veren,§ for 
the court, and served by Erasomus James,§ constable of Mar- 
blehead, by attachment of defendant's house and land. 

Erosemos James, aged about thirty-four years, deposed that 
he beard Peter Miller confess that Stephen French told him of 
the two banrcds of mackerel that Joseph Bond took out of Cris- 
toper Latomor's stage because he ''bongid them up" for said 
Bond. 

Hen. Trivitt deposed that he heard Joseph Bowde confess it. 
Sworn in court. 

Peter Miller deposed that he lost four barrels of mackerel, etc. 
Sworn in court. 

Peter Miller's bill of cost, lli. 9s. lOd. 

Peter MiUer's bill of cost against Mr. Bond for an arrest not 
prosecuted, ''for my bringing to Salem prisson by the constable 
afterward being bayled by Capt. Corwine," etc., 14s. 

tWrit, dated Oct. 27, 1669, signed by Moses Maverick,§ for 
the court, and served by Erasomus James,! constable of Marble- 
head. 

Joseph Bonde's§ bill of costs, 12b. 

^imon Bradstreet's bill of cost, lli. 12b. 6d. 

§A.iitograph. 



192 SALEM QUARTEBLY GOUBT [NoV. 

Writ, dated Nov. 12, 1669, signed by Nathll. SaltonstaU,* for 
the court, and served by Thomas Whittier,* constable of Haverill, 
by attachment of house and land of defendant. 

Tho. Davis deposed that the day the breach was made in the 
sawmill. Ensign James Pecker was absent at the house of 
Mr. John Ward in Haverill, and deponent's son, Joseph Davis, 
having discovered a breach in one comer of the null went with 
deponent to Mr. Ward's house and told Pecker of the breach, 
saying that he wondered that he should absent himself at such a 
time. Pecker replied that he was there as long as he pleased and 
knew no reason why he should be there any longer and after some 
demurring told deponent's son that he would accompany him, so 
they went, and all did what they could to stop the breach. 
Sworn, Nov. 27, 1669, before Nathll. SaltonstaU,* conunissioner. 

Agreement, dated Oct. 31, 1668, between James Pecker,t of 
Haverill, carpenter, that for 201i. paid by Mr. Edward T3rng of 
Boston and Mr. S3rmon Bradstreete of Andover before Dec. 10, 
he would make up the breach of the dam of their mill at Haverill 
and set it to work, also to finish the other part of the dam and 
make the mill secure from water or flood for the next seven years, 
etc. Wit: Hudson Leverett* and John Lowlle.* Sworn, Oct. 
22, 1669, by John Lowlle before Daniel Denison.* Owned in 
court by James Pecker. 

Samuell Hesellton, aged about twenty-three years, deposed 
that during last Hampton court there was a flood occasioned by 
by rain, and deponent meeting with James Pecker, sr., said to 
him that there was a sad breach made in the dam. Pecker re- 
pUed that the mill was in their hands now whose purses "would 
not easily be socked." The past summer there was a great 
flood and deponent being at the mill with Joseph Davis, saw the 
water working over at the comer of the mill on the bank next to 
said Pecker's house. Davis said he would willingly stay to 
help save the mill though it did not belong to him to do it. 
Deponent went into town and found Goodman Pecker at Mr. 
Ward's. Pecker said he did not know what to do with it and 
could not go home yet and chuckled. Deponent further testi- 
fied that there was a great breach made on the west side of the 
mill next to Pecker's, and the head of the mill foundered and 
sunk, and the east side of the flume next the town was broken 
out. Sworn, Nov. 29, 1669, before Nath. SaltonstaU,* com- 
missioner. 

Thomas Davis, aged about sixty-six years, deposed that he 
thou^t that James Pecker had too little for the doing of that 
bargain of work which he took last of the Worshipful Mr. Brad- 
stret and Mr. Tyng and that the work was well done, etc. Sworn, 
Nov. 27, 1669, before Nath. SaltonstaU,* commissioner. 

James Sanders deposed that Joseph Davis told Pecker to put 

* Autograph. f Autograph and 8«al. 



1669] BECOBD8 AND FILBS 103 

Mathew Farrington and Thomas Newell v. Mr. John Hathome. 
Forfeiture of a bond. Withdrawn.* 

Mr. John Hathome, Mathew Farrington and Tho. Newell, 
referring to the bench the action depending in court between 
them and also an action commenced before the Worshipful Major 
Daniell Denisson, also another difference concerning Mr. Hath- 
ome taking another boat load of wood off the town commons, 
court adjudged that each party should bear his own charges and 
that the town of Lin shall have allowed them by Mr. John Hath- 
ome 25s., unless the town see cause to abate any part thereof. 

Jno. Porter, sr. v. Richard Huchesson. Trespass. Done by 
his swine in plaintiff's meadow. Withdrawn.! 

down a plank in the dam, but the latter said it was too late that 
night, and during the night a great rain came and Pecker bade 
them bring gravel, etc. 

John Hutchins, aged about sixty-five years, deposed that 
Ensign Pecker's sawmill dam was finner than it ever was when 
he was a partner in the said mill, and that Pecker was allowed 
too little for the work upon the last part of the dam, it being 
worth soli., etc. Sworn, Nov. 27, 1669, before Nathll. Salton- 
stall,! commissioner. 

John Ck)rliss, aged about twenty-one years, deposed that he 
heard Joseph Davis send to Pecker to take up the flood gates, 
etc. Sworn, Nov. 27, 1669, before Nath. Saltonstall,} com- 
missioner. 

*Writ: Mathew Farrington and Thomas Newhall; forfeiture 
of a bond; dated Nov. 23, 1669; signed by John FuUer,t for the 
court; and served by John Newhall,} constable of Lynn, by 
attachment of house and land of defendant. 

Bond, dated Aug. 2, 1669, John Hathome to Mathew Faring- 
ton and Thomas Newhall, for 41i. in merchantable or English 
goods at price current, for a bill of Capt. James Oliver. Wit: 
Nathanill Kirtland} and Pamell (her mark) Kyrtland. Sworn in 
court. 

fWrit, dated 20 : 9 : 1669, signed by Hilliard Veren,t for the 
court, and served by Henery Skerry,} marsheJ of Salem. Bond 
of Richard (his mark) Hutcheson. 

Richard (his mark) Leach and Jacob Bamey, jr.,} judged the 
damage to be 21i. 10s. Sworn in court. 

NaSienell Elngerson deposed that as he passed by the meadow,, 
he saw swine in the meadow of Senior Porter, and the fence was 
down. Sworn in court. 

Benjamin Porter, aged twentynsix years, and John Plum, aged 

}Aatograpfa. 



194 SALEM QUARTEBLT COUBT [NoV. 

Hen. KemboU was chosen and sworn constable for Wenham. 
Hackaliah Bridges v. Robert Peerce. For not giving satis- 
faction for goods left in his hands.* 

about seventeen years, deposed that they found, on Oct. 10, 
1669, about twenty-five swine of Hutchinson's in Porter's meadow 
rooting and turning up the ground, and that they were not 
yoked and ringed according to law. Sworn in court. 

Joseph Huchinson, aged about thirty-six years, deposed that 
he had seen Farmer Porter's fence down in several places, etc. 
Sworn in court. 

John Putnam and Robert Princ deposed that Farmer Porter's 
servants often hunted the hogs in his meadow with three great 
dogs, and hunted horses also and beat them, etc. Sworn in 
comi;. 

♦Writ, dated Nov. 22, 1669, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich, by 
attachment of house and land of defendant. 

Thomas Clark, jr., a|;ed about thirty-one years, deposed that 
he asked Hackaliah Bridges what he did with his sloop and he 
said he had given it to Robert Pearce for the ripping up, reserv- 
ing only the old iron. Sworn, Nov. 26, 1669, before Daniel 
Denison.f 

Robert Paynef certified, Nov. 27, 1669, that Bridges received 
of him in goods in Aug., 1668, upon Robert Prince's account, 
25s. 4d. 

John Growe deposed that the mairiRail which Goodman Perce 
bought of Hackeliah Bridges was so rotten that he could hardly 
tell how to venture with it to sea. For the unrigging of the 
sloop, John Beery and deponent did it, and there was no cable 
in deponent's master's custody. Also that Thomas Clingen told 
him that the rigging and saQ in question were worth about forty 
or fifty shillings and whoever gave more would buy it too dear. 
Sworn in court. 

Samuell Graves deposed that Bridges assigned him to take of 
Robert Peirce of Ipswich, 18s. Sworn, Nov. 26, 1669, before 
Daniel Denison.f 

Stephen Peirse, aged about sixty years, deposed that he 
appraised the cordage and sail at 50s. Sworn, 25 : 9 : 1669, 
l)efore Richard Cutt,t commissioner. 

Tho. Clark, sr., deposed that Bridges had an old hulk of a 
sloop sunk near deponent's house in the river, and deponent 
having as fit opportunity as any other to rip it up, if it were 
worth the labor, asked said Bridges, but he said he had given 
it to Ro. Perce. Sworn, Nov. 26, 1669, before Daniel Denison.t 

John Newmarch, sr., deposed that he was desired by Robart 

fAutograph. 



1669] BBOOBD6 AND FILES 195 

Capt. Walter Price v. Mordecaie Craford. Debt. Verdict 
for plaintiff.* 

Pears to appraise the cordage and sail, ''for the said pears would 
not go from his Cosen Steven former prisall," etc. Sworn, 26 : 
9 : 1669, before Daniel Denison.! 

Abigaill Pearcs, aged about sixteen years, deposed that she 
saw her father Peres deliver Bridges two yards and a half of 
serge. Sworn, 26 : 9 : 1669, before Daniel Denison.t 

Hackaleah Briges debtor: To 8 yards of dim3rty, tape & thread, 
17s. 4d.; 11-3 yds. Carzye, 7s. 1 l-2d.; 20 : 6 : 1668, payd 
G. Wayndwright, 10s.; 17 : 2 : 68, payd to Good. Graves, 18s.; 
payd to your father, Ss.; to G. Sweett at Boston, 23d.; mony, 
56.; for a Bonde, Is.; 11 : 4 : 69, 110 foote of Bords, 66.; 2 
yards 1-2 of serge, 5s. 6d. yard, 13s. ; total, 51i. 8s. lid. Credi- 
tor: A oompas, 4b.; By Joseph Giddings, 3s.; In Saylls & Rigins, 
21i. 10s. ; 2 agors, 4a. ; By Tho. Borman, 4s. ; total, 31i. 5s. 

Tho. Clengen testified that being shipped aboard Hachaliah 
Bridges' sloop in the place of a boatswain, he took care of his 
business, and from the time he was shipped until he left the 
vessel, he was aboard her. He knew in what condition the ves- 
sel was; she was of twenty-five tons, sheathed with new plank, 
her deck was new, her mainsail as good as new, not half worn, 
shrouds new and all the roning rigging as good as new, one cable 
and two dozen blocks new. He unngged the vessel and deliv- 
ered it into Persis' hands in the latter's house, except one anchor, 
one cable and the foresail. Sworn in court. 

John (his mark) Sweete of Boston, shipwright, aged about 
sixty-sbc years, deposed, Nov. 30, 1669, that be received of Robert 
Pearce of Ipswich, seaman, 25s. on Bridges' account. Sworn, 
30 : 9 : 1669, before Tho. Clarke,t conunissioner. 

Hackaliah Bridges' bill of cost, 21i. 4d. 

Sammuell Peirse, aged about seventeen years, deposed, being 
present when Bridges was at his father's house, concerning the 
appraisal of the rigging. Sworn, at Portsmouth, Nov. 25, 1669, 
l^efore Richard Cutt,t commissioner. 

John Barry, aged about twenty-eight years, and John Grove, 
aged about twenty-seven years, testified. Sworn, Nov. 29, 
1669, before Daniel Denison.t 

Obadifkh Bridges, aged about twenty-four years, deposed. 
Sworn in court. 

*Writ, dated 24 : 9 : 1669, signed by Hilliard Veren,t for 
the court, and served by Robert Lord,t marshal of Ipswich, 
by attachment of a chest and a chair of d^endant. 

Walter Price,t Theodor. Pricef and Jno. Pricef testified to the 
account in their book as a true account. Sworn in court. 

tAntograph. 



106 a^UBM QUARTERLT COUBT [NoV. 

Hackaliah Bridges v. Joseph Wilson. Forfeiture of a bond. 
Verdict for defendant. Court did not accept this verdict.* 

Bill of chaiges, lli. lOs. 6d. 

Account, dated Salem, Sept. 15, 1666, against Mordica Cra- 
ford: 21 : 12 : 1669, to 7 1-2 yds. of kenting at Ss. 6d., lli. 66. 
3d.; 35 yds. Callicoe at 20d., 21i. 18s. 4d.; 45 1-2 yds. of Can- 
vas at 22d., 20 yds of w^ Tammy at 18d., 18 yds. of blew Callicoe 
at 22d., 66 yds. of Lockrum at 22d., 61i. Is. ; 40 1-4 yds. of penis- 
stone at 3s. 8d., 17 yds. of kersi at 56. 6d., 12 pr. stockins at 2b. 
4d., 6 ps. Incle at 8d., 26 li.l9s. 8d.; to 32 yds. Statude lace at 
1 1-2 d.,1 ps. Manch^ter, 3s., 2 yds. of penistone, 78. 4d. ; 1 pe. 
fillitten, 3s. 4d., 5 yds. silke A silver lace, 2s. 6d., 1 oz. of Cloves, 
Is., to pd. Jno. Glover, 21i. 12s. 8d.; 23: 12 : 1660, pd. Mr. 
Gny. 12 yds. of lace, 6s., 31i. 19s. lOd.; 7:1: 1660, pd. Mathew 
Dove p order, 31i. Id.; 1 : 6 : 1660, 40 yds. of Canvas at 22d, 
31i. 13s. 4d.; 10 yds. of ditto at 2b., lli.; 25 3-4 yds. Lockrum, 
at lOd., lU. 18s. 3d.; 14 yds 1-8 of Kersi at 6s. 6d., 4U. lis. 9 
3-4d.; to 23 3-4 yds. of Cotten at 2b. lOd., 31i. 7s. 7d.; 2U. of 
black & browne thrid, 7s.; to 6 doz. of lace at 2s. 9d., 16e. 6d.; 
to 10 yds. of panistone at 4s., 21i.; 1 groce of buttons, 9s.; 2 
1-2 yds. of Silke, 7s.; to 1 pe. Greene Incle, Is. 8d.; 1 ps. of 
white Incle, Is. 3d. ; 1 ps. of filliten, 38. ; to 6 yds. of f erritt Rib- 
ond, 3s. 6d.; 1 yd. Tafity, lOs.; needles, 3d.; 1 Carde of But- 
tons & Indes, 38.; to silke, 8d.; thrid, 4d.; Lockrum, 2b. 7d.; 
1 pr. Stockins, 3s. 4d. ; lace, 2d. ; 3 yds. Ribond, 3s. ; 4 yds. f er- 
rett, 2s. 4d.; silke, 7d.; 10 yds. Canvas, at 2b. 2d., lli. 2s. 3 l-2d.; 
1 hatt & band, delivered Goodman Ayry, 13s. 6d. ; 3 C. of Nailes 
at 3 l-2d., 10 l-2d.; pins, thrid & nailes, 38. 6d.; 5 yds. Canvas 
at 2b. 2d., 10b. lOd.; 7:4: 1661, to 3 doz. hookes, 7s. 6d.; 4 
doz. ditto, at 38., 12b.; 1 C. 1-2 of Mackrill hooks, 2b. 4d.; 1-2 
li. of Thnd, 2&. 6d.; 15 : 5 : 1661, to paid Mr. Blacklech, 9U. 
14s. 3d.; 4 yds. of l4tce at 7s., lli. 8s.; 2 yds. of Seai^ at 6b. 6d., 
13s.; lace, 18d.; silke, 5d.; thrid, 4d.; 18 : 5 : 1661, 6 ps. of 
Incle, 4s. ; 1 yd. of Loue, 78. ; 7 Bus. of Mault & 3 Bus. of Indian 
Come, 21i. 8s. 6d.; 1 Bus. wheate, 5s. 6d.; 25 : 5 : 1661, 2 Bus. 
Indian Come, 6s. 8d.; 3 pts. Brandy, 3s.; 3 M. of nailes, IZs. 
6d. ; 5 C. of .hob nailes, 2b. Id. ; 1 kettle, 4s. ; to paid Jno. Hill, 
21i. 7s. ; to Buttons & GaUoone, 5s. 7 l-2d. ; to penistone 1 l-2d. 

?d. Rich. Prince, 156. 4 l-2d.; to pd. Jno. Reves, 56.; to pd. 
'our Carter, 58.; 3 pts. 1-2 Rum, 2s. 7 l-2d.; to pd. Hen. West, 
2b.; total, 861i. lOs. 1 l-2d. Creditor: For fish, oil and frau^t 
from Boston and a bill from Bartho. Gidny, 20 : 11 : 1663, 
701i. 168. Account signed by Theodore Price,t and audited by 
Wm. Browne, jr.f Sworn in court. 
♦Writ, dated 22 : 9 : 1669, signed by Robert Lord,t for the 

fAutograph. 



1609] BBOORDB AND FILB8 197 

Joseph Armitage v. Jno. Pemerton. Withdrawn.* 

Jno. Pemerton acknowledged judgment to Joeq^h Armitage. 

Hen. Walker of Glostor was dismissed from common training 
for three years past, he paying 3s. yearly to the use of the com- 
pany. This should have been entered at Ipswich court but was 
omittod. Further this court dismissed him from common train- 
ing for time to come by paying the same amount. 

Silvester Eavely had his former license renewed for the ensuing 
year, and for the keeping of an ordinary. 

Mr. Peeter Duncan had his former license renewed for retailing 
strong waters out of doors for the year ensuing. 

Mr. William HoUingworth had license granted him to retail 
strong waters out of doors to his customers for the year ensuing. 

BiU of charges for repairing the county bridge at Lynn was 
ordered to be paid by the county treasurer. 

Mr. Samuell Gardner and A[m]bro68 Gale had licenses granted 
them to retail strong waters out of doors for the year ensuing. 

Ordered that if the town of Salem does not in one month's time 
after this court, find out another highway between Salem and 
Andever more convenient than the present one and give the 
town of Andever notice thereof, and they consenting and approv- 
ing, that then the former way is to be made good and finished by 

court, and served by Robert Lord,t marshal of Ipswich, by 
attachment of barrel staves of defendant. 

Hackelyer Brigis' bills of cost, 8s. and 21i. 6s. lOd. 

Robert Lord deposed that being at Mr. Baker's occasionally, 
the difference between Bridges and Wilson about taking away a 
small boat was put to arbitration, and Bridges was awaked 15s. 
Sworn in court. 

Letter of attorney, dated Nov. 29, 1669, from Joseph WiU- 
sont of Andover to Philip Fowler, jr., of Ipswich. Wit: Thomas 
Clarket and Josiah Clarkcf John Grow testified that this 
writing was the free act and deed of Joseph WiUson, Nov. 30, 
1669, before Daniel Denison.t 

Obadiah Bridges deposed that Willson was to restore the boat 
to Bridges and pay ISs. within two months. Sworn in court. 

*Writ: Joseph Armitag v. John Penunarton; for not paying 
to Mr. John Payn, 141i., etc.; dated Nov. 8, 1669; signed by 
John FuUer,t for the court; and served by John Newall,t con- 
stable of Lyn, by attachment of a mare of defendant. Bond of 
John Pemberton.t 

t Autograph. { Avtograph and seal. 



198 SALBM QUABTBRLT OOUBT [NoV. 

Salem so far as it concerns them, by the next Salem court, upon 
penalty of lOli. 

DanieU Ela, upon complaint against him for taking excessive 
fees as attorney in pleading a case for Mathais Butten against 
John Godfery, and in taking bills of Linsford's for about SOU., 
and yet denying it in open court, asked for trial by jury, which 
was granted. Their verdict was that they found that said E3a 
by agreement was to have one-third part of what could be recov- 
ered of John Godfery; that E3a had received a bill from Thomas 
Linsford of 201i., of which lOli. had been paid. Court con- 
sidering the offences which had been proved, viz., his excessive 
and unreasonable recompence for his service for executing the 
judgment as the marshal's deputy in his own cause and his 
impudent and notorious asserting of many lies in the face of the 
court at Ipswich, he was sentenced to be whipped or pay lOli. 
with all costs and fees of court, 30d.* 

♦Copy of John Godfry's petition to Ipswich court, Sept. 28, 
1669, made Nov. 9, 1669, by Robert Lord,t cleric. 

Writ, dated Nov. 9, 1669, signed by Robert Lord,t cleric, and 
served by Thomas Whittier,t constable of Haverell, who ''heare- 
ing that Dan. Ela was aboard a new Catch to Pilot her downe 
Merrimack River to Newbury, I haveing before that looked 
after him, but not lighting ot hun I went downe to the Catch A 
w° I came there y* ^ Daniel was gotten into a Cannoe makeing 
ouer to Rowley side & being a furlong off from the shoare I called 
to him & told him of y* warrant I had from Authoritie, but know 
not whether he heard mee; & there being another cannoo by I 
procured that w^ 4 hands to goe to an Ii^md in y^ river where 
I saw he had landed & when be saw us comeing, he tooke to his 
cannoe againe & went over to Rowly side in hast, as fleeing from 
us; wee went where he landed. I went on shoare but could not 
find him nor heare of him." 

John Godfre's bill of cost, 21i. 66. 6d. 

Thomas Whittier affirmed, Nov. 27, 1669, that after he had 
made the return endorsed upon the warrant sent him to appre- 
hend Ela, and while waiting for a messenger to send it to court, 
said Ela returned, and Whittier served it, requiring bond, which 
upon Ela refusing to give, Whittier charged two men to keep 
hun until he could send him away. Then ''his stomack came 
down" and he sent for said Whittier and gave bond, with James 
Sanders as surety. 

fAatograph. 



1609] RECORDS AND FILES 199 

Godferyes charge was 466. M., and the constable of Haverill, 
148. 6d. 

Mr. Edmund Batter, Mr. William Browne, sr., Capt. George 
Corwin, Ci^t. Walter Price, Mr. Hen. Bartholmew, John Home, 
ST. and Mr. John Gidney, sr., had their former licenses renewed 
for retailing strong waters. 

Capt. Tho. Marshall had his former license renewed. 

Jon. Bmges, accused by Rebeca Outen for conmiitting for- 
nication with her, was fined, the jury bringing in a verdict of 
''vehement suspicion." Said Rebecca was sentenced to be 

Thomas Whittier's* bill of cost for serving the special war- 
rant, 14s. 6d. 

Bond of Daniell Elaf of Haverhill, tanner, and James (his 
mark) Sanders, dated Nov. 27, 1669, for said Ela's appearance. 
Wit: John GriflSng* and John (his mark) Pecker. Sworn, Nov. 
27, 1669, before Nath. Saltonstall,* commissioner. 

Abraham Whiticker deposed that he was a witness to the bond 
that Thomas Linsford signed and delivered to Daniell Ela, etc. 
Mathias Buten and John Godfry mentioned. 

John Gri£Sng and James Sanders deposed concerning Mathias 
Buten's agreement to pay Ela in com, etc. Sworn, Nov. 27, 
1669, before Nath. Saltonstall,* conmiissioner. 

Edward Morse and Johana ThorrieU, aged about twenty-six 
years, deposed that Mathyas Butten of HavereU, being at the 
house of Mr. Wymond Bradbury of Salsbury about the latter 
end of April, said Buten assign^ a bill to Ela that had been 
assigned to Buten by John Godfry, and deponents with Mis- 
tziss Bradbury witnessed it. Sworn, 29 : 9 : 1669, before Bo. 
Pike,t commissioner. 

Daniel Ela* affirmed concerning the assignment. 

Copy of depositions from Salem and Ipswich court records, 
made Nov. 9, 1669, by Robert Lord,* cleric. 

Anthony Somerby,* aged about sixty years, deposed concern- 
ing the bonds. Thomas lilford of Haverill mentioned. Sworn, 
S^t. 30, 1669, before Daniel Denison.* 

Mathias Buten testified that it was true that he agreed to give 
John Godfry half of the judgment of Scdsbury court against 
him, etc.. Sworn, Nov. 2^, 1669, before Nathll. Saltonstall,* 
commissioner. 

Bond, dated Apr. 11, 1669, from Mathias (his mark) Button 
of Haverhill, to DanieU Ela of Haverhill, one-third part of all 
that he ''should return of John Godfray for the bumin of my 
hous and goods," etc. Wit: Thomas Wasse,* Elizabeth (her 
mark) Sherratt and John Griffing.* 

* Aat(^;raph. t Autograph and seal. 



200 SALEM QUARTERLY COURT [Nov. 

whipped or pay a fine, and William NoweU was to be whipped 
for saying he had had improper relations with said Rebecca.* 

William Sanders and Mary Vocah were sentenced for fornica- 
tion, he to be whipped or pay 41i. and she to be whipped or pay 
408. unless they agree to be married, when thdr sentence was to 
be abated one half. They were to remain in prison mitil the pay- 
ment be made. 

Charles Hill, for many disorderly and abusive carriages in the 
family and swearing was sentenced to be whipped and sent to 
the house of correction to remain during the court's pleasure.! 

Rebecca Outen swore as to her improper relations with John 
Surges. 

*John Burges't petition: He positively denied the accusation 
of 2Sebulon WSVs servant, and said that she was well known and 
had accused other men before, etc. 

Zebulon Hill testified that John Surges asked leave to come 
to his house about the latter end of the seventh month last and 
about 25 : 8 : 1669, at Mr. John Gidney's house said to 
deponent, '' Cooper I must goe & see my sweethart," meaning 
his maid, as he understood. Within an hour's time he went 
home and found his wife who told him that she, being at Isaack 
Williams' house, had been called home by the children who came 
to tdl her that Surges had taken away the maid. Getting a 
light he looked behmd the house and saw footprints, etc. Sworn 
in court. 

Hilliard Veren testified that when Rebecca Outen was washing 
at his house the past simuner, Surges often came there and his 
children saw them whispering together, etc. 

t Daniel Rumball's compUunt: '^That whereas yo' said Peti- 
tioner, haueing taken into his Custody as an Aprentice, Charles 
Hill, Certaine yeares last past, for and dureing the space of 4 or 

5 yeares, the greatest part of which tyme is now expired, but 
finding by Experience, the said Charles to be growne to such an 
vnruly frame of spirit & cariage that it is both troublesome & 
dangerous to beare with any longer, as in particular, by laying 
violent hands upon his said master, ik throwing him downe twice 

6 fetching bloud of him, threatening to bresdke his necke, run- 
ning at h^ face with a Chayre, & voweing to be the death of 
some of them, as also by Customary Lying, swearing & other 
like miscariages, speakeing slitely & Contemptuously of the Hon- 
ored Major & of Lke^U proceedings against him too intolerable 
to be borne m a family," etc. Wit: Thomas Srockett, Allester 
Gryme and "Peter, y* Frenchman y* workes with m' Humber." 
Sworn in court. 

{Autograph. 



1669] RECORDS AND FILES 201 

Peeter Miller was allowed costs in an action brought by Mr. 
Boude, who did not prosecute. 

Osman Trask, for abusing the wife of Edward Bery and strik- 
ing her, was fined.* 

Osmon Traske and Andrew Eliot were bound for said Traske 
to keep the peace. 

Court approved a bill of Mr. Tho. Ruckes, charged upon John 
HumfryeSy Esq/s estate, or so much of it as Mr. Edmond Batter, 
administrator, should judge justly due. 

Ambross Gale producing a letter of attorney from Susana, 
relict of Thomas Dill, it was allowed by the court, and Mr. Bar- 
tholmew Gidney and Richd. Dill, administrators, were to deliver 
up the estate of Tho. Dill to said Gale, he to give security for 
the payment of one-half to the child of the deceased. 

Mr. Eleazer Hathome and Mr. Jno. Corwin, administrators 
of the estate of Mr. Will. Woodcock, having presented an inven- 
tory, and there being many creditors, court added Capt. Walter 
Price, Capt. George Corwin, Mr. Will. Browne, sr., Mr. John 
Gidney, sr., and Mr. Phillip Cromwell, as administrators, and 
ordered that the bills be paid proportionately, except Mr. Tailor's 
biU and the funeral charges, which were wholly to be paid. Also 
the widow's portion of 40s. given her by Dr. Stone, also the 
widow's thirds of the house, and hereafter no more debts to be 
paid out of the estate.t 

^Elizabeth Berry deposed that she went in danger of her life 
by Osmand Trask, he having thrown her down, struck her divers 
blows and set his foot upon her neck. Sworn, 4:8: 1669, 
before Wm. Hathome.} 

tHenry Taylor} certified, July 19, 1669, that the 41i. due to 
him from William Woodcock, deceased, ''I doe hearby Freely 
giue the sayed som vnto his Widdow Hanna: woodkock for her 
prop use and behoof according to a former pmes vnto Walter 
Price and m' Elyazar Hathome at Boston ye last winter." Wit: 
Theodore Price} and John Price.} 

Dockter Woodcock debtor, for Charges in house Reconed the 
8th daye of June, And allowed of both ptes, etc., llli. 18s. 9d.; 
creditor, for a cask of strong watter, 15 gallens at 3s. 6d., 21i. 
12s.; more for William Wisman's debt, etc., TU. 5s. lid. Rest 
due to Lattemer, 41i. 12b. lOd. 

Doctor Wm. Woodkock was debtor to Wm. Browne,} 181i. 15s. 6d. 

} Autograph. 



202 SALEM QVABTEBLT COURT [NoV. 

Mr. Woodcocke was debtor to Thomas Dixey, on account of 
the Ferry, etc., 41i. 66. 9d. 

Mr. Woodcocke was debtor to Ph. Cromwell^ 5011. Ss. 7 l-4d. 
Wit: Tho. Ives.* 

Mr. Woodcok owed Jno. Curwine,* 191i. Ts. 5d. 

Accompt of disbursements layd out by the Widdow Wood- 
cock for the buriall of her husband and child, 1669: For phisick 
for bothy 111.; spice, fruite, sugar, and oatmeale, 10s. 6d.; 6 gal- 
lons wine at his buriall at 4s. 6d., lli. 7s.; 3 gallons ditto at 
child's buriall, 13s. 6d.; for 2 coflSns, 8s.; digging graves, 66.; 
posts for the graves, 14s.; total, 41i. 19s. 

Due to Mr. Walton, Nov. 29, 1669, from Mr. Woodcock for a 
horse, 61i. 

Doctor William Woodcock, late deceased, owed Me. Hath- 
ome,* 231i. 10s. 7d.; to John Gedney,* 661i. 17s. 7d.; and to 
Walter Price,* 271i. 7s. 3d. 

Mr. William Woodcock, debtor, to George Corwin; Balance 
due Nov. 3, 1664, 511i. 14s.; 12 : 9 : 64, tape, 2d., pins, 16d., 
2 1-4 yds. Canvis, 22d.; lli. Suger, 8d., Corke, 3d., 1 ladle, 4d., 
Is 3d.; 2 : 10 : to thread 2 l-2d., genting, 9s. 4d., thread, 9d., 
10s. 3 l-2d.; Incle, 3d., buttens, 3s. 4d., 3s. 7d.; paper, 6d., 
starch, 4d., bluin, 2d., Is. l-2d.; to 1-4 ye broad bl. Ribbin, 3s. 
6d., silk, 2 l-2d.. Is. Id.; lli. 9 oz. hard Sope, nedles. Id., 2b. 
3-4d.; 3 Gall. 1-2 wine: Er. ware, 19d., 17s. 4d.; 3-4 oz. Cino- 
man, Geo. Ropes Jimr., 4s., 4s. 9d.; paper, 6d., pipes, 1 l-2d., 
starch, 11 l-2d.; 41i. 3-4 soft sope, lli. 9 oz. hard sope, 4s. 3 
3-4d.; 13 : 11 : 1664, to John Pickworth, 21i. 4s.; pins, 6d., 3 
1-2U. Suger, 9d., 3s. 1 l-2d.; paper, 6d., 1 Lamp, 2b.; 2 qt. 
mallasows. Is.; Zeb. Hill, 8d., 2U. Suger, silk lace, 7d., 2b. 9d.; 
1-2 pt. Rom., nedles, Id., 61i. Sope, 3s. 5 l-2d.; 21i. Suger, 9d., 

1 oz. bluin 1-2 starch, 2s. l-2d.; l-21i. Tobacko, nayles, 18d., 

2 3-41i Suger, lOd., 4s. 4d.; manchester, 8d., Is. Williams, 40s., 
21i.; 2 qt. Malasows, Ribbin 12 3-ld., 2b. 3-4d.; 21i. 1-4 Suger, 
Genting, 14d., 2s. 10 l-4d.; tape, serge, silk, 3s. lid.; thread, 
nedles, paper, 9d.; 1 qt. Rum, nayles. Is. 10 l-2d.; 1:1: 1664- 
5, wine, suger, tape, 16s. 9d.; to Nurse Jones, 15s.; paper, nedles, 
9d.; 8 yd. fine doidace, lU. 6s. 8d.; pins, 8d., 2 yd. Broadcloth, 
21s., 21i. 2b.; suger, paper, 3s.; Suger, lOd.; 3 Sk. Silke, nedles, 
Ribbin, 3s. l-4d.; alk, nedles, Ribbin, 3s.; lli. shott, nedles, 
Suger, Is. 9d.; Incle, paper, Sope, 3s. 9 l-2d.; manchester, tape, 
Suger, 2s. 4d.; 1 yd. Sea, tape, 8s. 1 l-2d.; 31i. Suger, lOd., paper, 
3s.; l-21i. starch, 1 qr. paper, 1 3-41i. Tobacko, 2s. 4 l-2d.; lli. 
pouder, 2s. 4d.; 31i. suger, lOd., Mallasows, powder, Os. lOd.; 
paper, thread, Mallasows, 2s. 7d.; Suger, silke, sea, 3s. 9d.; pins, 
powder, sope, hard sope, 8s. 8d.; sope, hard sope, 5s. 8d.; Suger, 
starch, bluin, 3s. 5 l-2d.; Suger, ribbin, 2s. 10 l-2d.; Suger, 
Linon, 9s. Id.; doulace, cotten ribbin, 3s. 8 l-2d.; paper, kmfe, 

* Aatograph. 



1660] BXCOBDS AND FILES 203 

John Mastone, sr., wife of Left. Geo. Gardner, Samuell Shat- 

aalt, 2b. 7d.; pipes, Suger, 4s. 1 hAd.; 21 : 5 : 1665, thread, 
nayles, paper. Is. 3d.; 1 oz. pepor, 1 qr. paper, 7d., lOd.; Suger, 
Gotten ribbin, 4b. Id.; Er. ware, cott. ribbin. Is. 5 l-2d.; man- 
chester, Tobacko, Is. 7d.; powder & sope, 48. 3d.; 1 yd. 1-4 
stufe, 4s. 6d. p., cott. ribin, 12d., 66. 7 l-2d.; paper, Er. ware, 
3s. 4 l-2d.; pins, Cott. ribin, Is. 5d.; 1 Boale, 7d., galone. Is. 
8 l'-2d.; nayles, thimble, 2s. 6d., suger at 8d., 4s.; sope, silk & 
manchester, 3s. 5 l-2d. ; thread & buckrom at 2s., 2s. 2d. ; thread 
& sope, Is. 11 l-2d.; Salt & 41i. Resons, 3s. 3 l-2d.; total, 711i. 
8s. 3d. Signed by John Higginson.*^ 

Inventory of the estate of William Woodcock, appraised by 
Thomas Putnam,*^ William Flinf^ and Isack Williams:* Feather 
bed, wth. the appurtenances thereunto, 51i.; 2 little old beds, 
lli. ISs.; 3 sheets, lli. 10s.; 3 old shirts, 2 pr. old drawers, 1 old 
doublett, 6s.; 2 small Callicoe Cubberd cloth, 4s.; 14 napkins 
and 2 old pillow beers, 15s.; 4 old bans, 1 Cumett,t 4s.; 1 hatt 
& ban, 12s.; 1 whitesh scarfe, Ss., 1 leather Cushm, 3s., 8s.; 1 
Cubberd cloth & 3 glasses, 13s. ; 1 trunke wth f eete, 9s., 1 crackt 
lookeing glasse, 7s., 166.; yam, 3s., brush, 3d., 1 old box & ham- 
mer, 1^., 4s. 3d.; 1 table, table cloth & forme, 12s.; chaires, 
15s., 1 smaU table, 18d., 16s. 6d.; 1 pr. Iron dogs, 18d., 1 Iron 
back, 156., lli. 13s.; 1 pr. Iron small dogs, 8s., 1 pr. Andirons, 
10b., 18s.; 1 small fire shovell & tongs, 28. 6d., 2 gridirons, 2s. 
6d., 58.; 1 old iron chafeing dish, 12d., 2 spitts, 56., 66.; 1 lamp 
& iron bearer, 12d., Is.; bellows, 12d. fryeing pan, 29., 3s.; hake, 
4s., old axe, 18d., Iron pott, 7s., small pott, 3s. 6d., 16s.; 1 Iron 
kettle, 56., pott hookes, 12d., 1 old brase kettie, 2s. 6d., 8s. 6d.; 
old brasse skiUett, 18d., wooden tray, 12d., 2s. 6d.; sniall brass 
skiUett, 2s., warmeing pan, 56., 7s.; Chamber pott, 38., 6 pewter 
dishes, 156., 6 spoones, 12d., Ite.; pcell of old pewter, 48., earthen 
ware, 15d., 56.; tin ware, 4s., knocker & old hour glasse, 6d., 
46. 6d.; pitcher, 2d., wooden bottle, 4d., trenchers, 18d., 2s.; 
tobacco, 12d., pistolls & holsters, 20s., 1 small still, 14s., lli. ISs.; 
4 pr. broken old skailes, 7s., 1 slutt, 12d.; 1 still, 31i., 2 wheeles, 
7s., wearing apparill, 30b., 41i. 17s.; 1 Cradle, 6s., 1 pr. old bootes 
A old hatt, 3s., 9s.; 1 tray, 12d., 1 seeve, 12d., old chese & box, 
2s., 4s.; Mr. Wells, Gallipots in the shop, with the chest of draw- 
ers, box of drawers and morter, 31i.; bookes, lli. 56.; 1 gunn, 
lli.; old broken morter & Candlestick, 2s. 6d.; 2 glasse bottles. 
Is.; the house and ground, provided the ground belongs to the 
house, 701i.; cash, 41i.; a great morter, 20s.; total, 1071i. 8s. 
5d. Also 1 horse supposed to be in the woods butt lame and 
apotticharies druggs. The appraisers excepted the two par- 
ticulars above written against which Mr. Wells' name was put. 

* Autograph. f Comet, i. e. a scarf anciently worn by doctors. 



204 SALEM QUABTBRLT COUBT [NoV. 

tuck, widow Buffum, Joshua Bu£fum and wife, Samll. Gaskin, 
Michaell Shaflin, John Blevin, Robert Gray, wife of Robert 
Stone and Gartrid Pope, for absenting themselves from the pub- 
lic ordinances of God on the Lord's days, ¥rere fined 2Qb. each 
for the men and 10s. for the women or to be committed to prison 
until payment be made. Payment was made for all except Jno. 
Blevin and Robert Gray.*^ 

James Pecker, Jno. Wild and DanieU Ela were bound for said 
Pecker's appeal to the next Court of Assistants. 

Administration of the estate of Tho. Harvey, deceased, was 
granted to Mr. Will. Browne, sr., who was to bring in an inven- 
tory of all the estate in this country to the next Salem court. 

Nathaniell Putnam's and Henry Keney's fines were remitted 
one-half. 

Whereas Edward Wharton was formerly fined SOUL by this 
court and the marshal could find goods only to the value of ITli., 
said marshal was to levy 31i. more when he can find goods, and 
for the rest the marshal was not to be charged with but was to 
be directed by the court. 

Those who were summoned to appear for not frequenting public 
worship at the last court and not appearing, were ordered to 
appear at the next Salem court. 

The servants of Mr. Gidney^s house were allowed Ts. 6d. and 
Mr. John Browne's maid was allowed 18d. 

John Marsh, jr., dying intestate, his widow Sarah brought in 
an inventoryt amounting to 2971i. Is., clear estate, and was 
appointed administratrix. She was ordered to pay to Sara and 
Ruth, the two children, 601i. each at the age of eighteen years or 
at marriage, and if either should die before that time, the remain- 
ing should have 401i. of the 601i. paid her, and the widow to have 
the remainder. Said widow was bound for the payment. 

^Summons, dated 2:9: 1669, also to John Kitchin and wife, 
signed by Hillyard Veren,t cleric, and served by Joseph Phipen,t 
constable of Salem. 

flnventory of the estate of John Marsh, jr., appraised, 2 : 10 : 
1669, by Henry Bartholmew,t George Gardner^ and Joseph 
Grafton, jr.it Dwelling house, outhouse and land, 501i.; two 
mares and 2 colts, 121i. ; one hhd. sugar, 71i. lOs. ; 3 f ether bedds, 
3 bolsters, 2 Ruggs, 4 pillowes, and 6 blanketts, 2 bedsteds and 

^Autograph. 



1069] RECOBDB AND FILB8 205 

Will* and inventoiyt of Mr. Samll. Simonds, jr., deceased, 
were allowed. 

Robert Buffum dying intestate, Tamsen, the widow, brought in 
an inventory! which was allowed, and she was appointed admin- 
one trundle bed, 201i.; sheetes, pillowbeers, napkins, table 
dothes, 121i; a pcell of flax, nailes, shooes, and whalbone, 21i. 
48.; table with the frame, 4 stooles, 2 Chests, with chaires, Cri^ 
die and three boxes, 41i. 5e.; weannge apparell, 81i.; Remnant 
of dowles, kersy, serge and demetie, 81i.; brass, pewter, scales 
and warming pan, 61i.; one Iron i)ott, pot hanger, pot hocks, 
and irons, fiie shovell and tongs, lli. 5e.; one gun, 2 p stllliers 
and old bookes, 21i.; 2,000 boords, 61i.; old tubbcs, barll., etc. 
in the Celler and warehouse, 10b.; mony, 251i.; debte owing the 
estate, 351i. 7s.; total, 3001i. Is. The estate owed 31i. 

'^WOl of Samuel Symonds,|| jr., of Ipswich, gentleman, dated 
Dec. 18, 1668, and proved by Daniell Epps. jr., upon oath of 
James Chute, taken Nov. 29, 1669, before Samuel Symonds,§ 
"Being upon a voyage for England & not knowing how it may 
please god to deale with me in respect of my mortall condicon:'' 
To each sister, Elizabeth, wife of Daniel Epps, Martha, wife of 
John Denison, Ruth, wife of John Emerson, Mary, wife of Peter 
Duncan, and Priscilla Symonds, 81i., within six months after 
his father's decease; to his father, Mr. Samuel Symonds, the 
remainder, both real and personal, whom he made executor. 
Wit: James Chute§ and Daniell Epps, jr.§ 

flnventory of the estate of Samuel Symonds, jr., gentleman, 
appraised Nov. 29, 1669, by Henry Bennet§ and William (his 
mark) Bennett: Two guns, 41i. 15e.; one saddle and bridle, lli. 
lOs.; wearing appard at home, 31i.; half the farme at Lamperele 
River, the wholl contayning 640 acres, lOOIi.; Bookes, 81i. Ss. 
6d. ; a still, lli. lOs. ; debts owing to hiim, 25Ii. Debts which he 
owed at home, 401i. Another inventory brought into court by 
Samll. Simonds, Esq., 2 : 10 : 1670, dated, Nov. 15, 1670, 
^)prai8ed by James Chute§ and Henry Benet§: His chest of 
druggs, 211i.; another chest with two hatts & goods, 321L; a 
limbeck, 41i. lOs.; In bookes at the Bay, 21i.; one old black 
doake & other clothes at home, 41i.; a still, 21i.; one stone mor- 
ter, 6s.; saddle & bridle, lli.; total, 701i. ISe. Owing out of 
his estate, 12011. ; in England, 951i. lOs. 7d. 

t Inventory of the estate of Robert Buffem, lately deceased, 
taken Nov. 15, 1669, by George Gardner§ and John Kitchin:§ 
His wearing apparrell, 51i.; th^ beds, with ye furniture, 141i. 
lOs.; a small table Cloath and halfe a dozen knapkins, lOs.; two 
coboards and two tables, lli. lOs.; one small truncke and two 
Chests, lOs.; severall parsels of garden seeds, 21i.; three kittels 

§Autograph. || Autograph and seal. 



206 SALEM QUABTEBLT COURT [NoV. 

istratrix. The two papers given in as testimony, of Gartrid 
Pope and Eliza Kitchin, to prove what was the will and mind of 
deceased, not being attested upon oath, were not allowed, but 
were to remain on file in the court records. 

Henry Coomes dying intestate, his widow was appointed ad- 
ministratrix, and she brought in an inventory,*^ which was 
allowed. She was to have the whole estate after the debts were 
paid. 

and three iron potts, 31i. ; putar & latten pans, lli. 4s. ; one paire 
of andirons, two hakes, one spitt, one paire of tongs, one fier 
shoveU, lli. ; two skillets and one bible, 8b. ; three small remnants 
of cloath, lli. 10b.; cotten yame and flax & 4 porrenjars, lli. 4s.; 
scales, weights and measures, 4s.; one small gunne & one sword, 
ISs. ; glass bottles and Jugges, 10b. ; one warming pann & a little 
wooll, lli.; wooden ware, Chaires, 21i.; ye dwdling house, out- 
houses, ye orchard & 4 ackers of land belonging to it, ISOli.; 
2 acres of salt marsh, 15 acres of upland, 301i.; 2 acres of fresh 
marsh, 41i.; five Cows & 3 oxen, 281i.; three calves A 3 swine, 
41i.; one old Cart & one plow & Iron gear, lli.; workin toolls, 
15s.; a Iron Scillett, a bason & a Coboard, 9s.; a horse, 31i.; 
monye, 131i.; total, 2701i. 19s. 

Gertrud Pope,t widow, deposed that being at the house of 
Robortt Buffom when he lay on his death bed, he asked deponent 
and Eliz. Kitchen ''to take notice that what he had as to his 
estate he would leue to his wife for shee helpt to gett it & y* 
Children were hers." 

Elizabeth Kitchin testified that Robert Buffum's wife Tamsen, 
being near her husband, urged him to make his will and leave his 
estate to the children, etc. 

'^Inventory of the estate of Henry Coomes, taken Sept. 16, 
1669, by Henry Bartholmew,t Moses Maverickef and Hillyard 
Veren:t Dwelling house, six acres of land upon which the house 
standeth, orchard, garden, come land & wast unimproved land, 
551i. ; one cow & one heifer, 61i. ; 3 swine of a yeare old & 4 smaler 
swine, 31i. Ss.; pcell of Come, with other frutes growing there, 
31i.; a smale boate, 31i.; 2 loads & halfe of haye, 31i.; the gar- 
den fruite & aples upon the trees, 21i. lOs.; wearing appanrell 
with Ipr. stockins, lli. 10s.; beading, bedstedd & old curtins 
& som linen, lli. lOs.; 3 pewter dishes, 6 poringers, a bason, 
chamber pot, a salt, a suck botle, 5 drinking cups, lli. 10b. ; earth 
ware, 5s.; warming pan & lanthome, 5s. 6d.; 2 Iron pots, a 
skellet, hangers, tongues, gridiron, friing pan, lli.; 2 spining 
wheeles, a box & a chest, 4 old chaires, a stoole, bellowes, lli.; 
axes, reap hoockes, old howes & pails, Hi.; total, 851i. Ss. 6d. 

tAntogntph. 



1669] RECORDS AND FILES 207 

John Browne and his wife were fined for fornication before 
marriage. 

Edward Yeales*^ and Richard Seveye, presented for living 
from their wives, were enjoined to go home to their wives if they 
do not come over within one year, or pay 201i. each. 

Estate debtor: To Henery Bethmey, lis.; Goodman Pelemeter, 
21i. Is. lid.; Rasemes James, 21i. lis.; Mr. Samell Worde, 21i. 
12b. 5d.; Thomas Dexse, 31i. 12s. 6d.; Mr. James Breden, 31i. 
88.; Nicheles Woodbrey, 31i.; Mr. Edmon Beter, lli. 4s.; Gebrell 
HoUman, 10s. 9d.; John Clefiferd, 15s.; Capt. Gorge Corwen, 
161i. 48. 2 3-^d.; Mr. William Browne, sr., 71i. 10 l-2d.; Peter 
Wellckom, 2s.; Henery Skery, 3s.; Charles Waterfelle, 166.; 
Richard Norman, 10s.; William Charles, Is. 8d.; Elezebeth 
Comes, 58.; John. Woolden, Ss.; Mr. Frances Johnson, lOli.; 
Richd. Hide, 18s.; total, 57U. 2s. 8 l-4d. 

'^Wit: Walter Adams and John Codner and his wife. 

Complaint against widow Burt for witchcraft: 

Bethiah Carter, aged twenty-three years, deposed that she 
heard Sarah Townsan say when she was a maid and lived with 
Goodwif e Burt that the latter told said Sarah if she could believe 
in her God she would cure her body and soul, but Goodwife 
Burt said she could not cure her own husband because he would 
not believe in her God, but her maid did and was cured. Since 
then the said Sarah had been sorely afflicted with sad fits '' Cry- 
ing out and Rayling agaynst me sayin My father Carryed me to 
boston But Carryed her too Lin too an owld wich." Sara told 
her further that she had 8een the said Burt appear often at her 
bed's feet in the day and night. 

Phillip Reade,t physician, aged about forty-five years, deposed 
that he being sent for three several times to see Sara Townsand 
and her sister Carter, both being very ill,''8d Sara townsan being 
in a more sadder Condiccion he had noe oppertunyty too Examine 
her Condiccion but did playnly perceiue there was noe Naturall 
cans for such unnaturall fits but being sent for the 4^ time and 
finding her in a meat Capassity to Giue information of her 
agreuanc and Cans of her former fits she tould me the abouesd 
Burt had aflickted her and tould her if euer she did Relate it 
to any one she would afflict her wors one hower after she had a 
sadder fit then any Euer she had afore: then i askt her whoe 
i^ict her Now and what the matter was she Replide with a 
great scrich she had tould me alreddy and that she did Now 
Suffer for it." 

John Knight, aged about forty-seven years, deposed that he 
''was goinge to fetch some things for hiis wife and he saw old 

fAutogniph. 



208 8ALBM QUABTEBLT OOUBT [Nov. 

goody burt coming out of a swamp and shee was in her smok 
deeues and a blake hancacher and black cap on her head and hee 
looked up and suddenly shee was gone out of sight and I looked 
aboute and could not see her when I cam into the house I found 
her in the same habit as I saw her and he said vnto her did I 
not see you in the swamp even now and she sd noe I was in the 
house and he tould her then she was a light headed woman." 

Jacob Knight, aged about twenty-four or twenty-five years, 
deposed that "I boarded in the house of M' Cobit with my 
brother wormwood: in which house widdow Burt lined at that 
tyme, my brother, & my sister being gone to Bostone: there being 
noe fire in my brothers roome, I went into widow Burt's roome 
to Lite my pipe, & tould her I had a paine in my head & soe 
went into my Lodging Roome which was through five dores (& 
stooping downe to Loose my shoe Looking upward there was 
widdow Burt with a glasse bottle in her hand, & shee tould mee 
there was something would doe my head good, or cure my head, 
ik gaue mee the botle in my hand, & when I had drunke of it, 
I was worse in my head) but Concerning the five doeres I passed 
through into my Roome I thinke they were all shutt after mee, 
but how ever ther is one flore y* must be passed over to Come into 
my Roome, that was soe Loose y* it would make such a noyse 
y* might in an ordinarye waye be heard when any passed over 
it, but I heard nothing & her sudden being with mee put mee 
into afright, & soe remained while the next morning though shee 
prsentlye Left mee, & soe the next morning but one, I being to 
goe to Salem, intended to tell my sister wormwood of it, before 
I went, but widdow Burt Comeing into my sister wormwood's 
Roome, s*^ I had a minde to saye something to my sister y* I 
would not haue her heare, & this was before I had said anything 
& soe went out of the house, & then I tould my sister, and goeing 
to Salem, I saw a Catt, which being out of sight againe, I prsently 
saw a dogg, it being LDcewise prsentlye out of ffl^t, I saw one 
before mee Like vnto widdow Burt goeing before mee downe a 
hill as I was goeing up it & soe I lost sight of her, the night fol- 
lowing I Lodged at my brother Knights at Salem I Looking out 
of the chamber, it becong a cleare moone light night, I saw wid- 
dow Burt uppon a graye horse or mare in my brother's yard, 
or one in her shape & soe I awaked my cozen John Knight y* 
Lodged with mee & tould him of it, then nether hee nor I could 
see anything, soe when hee was asleep againe, shee appeared to 
mee in the chamber, & then I tooke vpp a peece of a barriU head 
A threw it at her & as I thinke hit her on the brest & then could 
see her noe more at that tyme. " 

John Pearson, aged about nineteen years, and Mary Bumop, 
aged about twenty-six years, deposed that ^'Goodwif Burt Com- 
ing into the Roome wheare Sarah Pearson was asked her how 
shee did shee said the worse for her the said Burt seat down and 



1669] RECORDS AND FILES 209 

laughed at y* said Sarah shee coming towards her said doust 
thou laugh and knoweth thou heast don me a mieschef e I could 
find in my heart to baste thy sids the said Burt said doe if thou 
durst and I will pay thy side." Also that Sarah ''should spake 
as much against her frinds as evre shee did against her." 

Maddelene Pearson, aged about fifty years, deposed that she 
heard Sarah Pearson say when her father had her down to Good- 
yrite Burt's to be cured of her sore that the first night she was 
there said Burt put her to bed, etc. Burt said ''Sarah will you 
smokit and giueing of her the pipe she smoket it" and Sarah 
fell into the fits again and said Goodwife Burt brought the devil 
to her to torment her. 

Thomas Farar, aged above fifty years, deposed that his 
daughters Sarah and Elizabeth were "in former time sorely 
aflicted and in ther greatest extremety they would cry out & 
roare & say that they did see goody Burtt & say ther she is doe 
you not see her kill her ther she is & that they said seuerall times 
and I haue a son now in extreem misery much as the former 
ha^ bin and the docter says he is bewiched to his understanding." 

Writ: Mr. John Gidney, sr. v. Bartholmew Gale; debt; dated 
Oct. 18, 1669; signed by Hilliard Veren,* for the court; and 
served by Henry Skery,*^ marshal of Salem. 

Writ: Mr. William Browne, sr. v. Samuell Very; debt; dated 
24 : 9 : 1669; signed by Hilliard Veren,*^ for the court; and 
served by Henery Skerry,* marshal of Salem, by attachment 
of farm of def end[ant. 

Writ: Moses Mavericke v. John Leach, sr.; debt; dated 
Nov. 24, 1669; signed by Moses Mavericke,* for the court ; 
and served by Rob^ EQbbert,* constable of Beverle. 

Writ: Moses Maverick v. John Allin; debt; dated Nov. 20, 
1669; signed by Moses Maverick,* for the court; and served 
by Erasomas James,* constable of Marblehead, by attachment 
of the house and land of defendant. 

Writ: Moses Maverick v. Laurance Barnes; debt; dated 
Nov. 20, 1669; signed by Moses Mavericke,* for the court, and 
served by ErascHnus James,* constable. 

Writ: Daniell Warner, sr. v. Josiah Clarke; for a horse he 
borrowed and did not return; dated Nov. 2, 1669; signed by 
Robert Lord,* for the court; and served by Robert Lord,* mar- 
shal of Ipswich. 

Writ: Richard Kimball v. Mr. John Paine of Boston; debt;: 
dated Nov. 18, 1669; signed by Robert Lord,* for the court;, 
and served by Robert Lord,* marshal of Ipswich. 

Execution, dated 20 : 10 : 1669, against Joseph Bowed to* 
satisfy judgment granted to Peeter Miller, 30 : 9 : 1669, at. 
Salem court; signed by Hilliard Veren,* cleric; and served by^ 

* Autograph. 



/ 



/ 



210 SALEM QUABTEBLT COUBT [NoT. 

Henery Skerry,* marshal of Salem, by attachment of a cow- 
house and an orchard fenced in with a stone wall. 

Execution, dated 6 : 10 : 1669, against Abraham Whittacker 
to satisfy judgment granted to John Godfery, 30 : 9 : 1669, at 
Salem court; signed by Hilliard Veren,*^ cleric; and served by 
Edward Clark*^ of Haverhill, deputy for Henry Skery,*^ marshal 
of Salem. 

Execution, dated 10 : 11 : 1669, against the selectmen of 
Bass river side belonging to Salem, alias Beverly, to satisfy judg<^ 
ment granted to Mr. Tlieophilus Willson, constable of Ipswich, 
24 : 9 : 1668, at Salem court, as charged against Joshua Tur- 
land; signed by EQillyard Veren,* cleric; and served by Henery 
Skerry,* marshal. 

Execution, dated July 17, 1669, against John Goold of Tops- 
feild, to satisfy judgment granted Mr. William Browne, sr., 
June 29, 1669, at Salem court; signed by Hilliard Veren,* cleric; 
and served by Henery Skerry,* marshal of Salem, by attach- 
ment of eight neat cattle. 

Execution, dated 29 : 7 : 1669, against Richard Hutt^i of 
Wenham, to satisfy judgment grant^ Mr. Antipas Newman, 
29 : 4 : 1669, at Salem court; signed by Hilliard Veren,* cleric; 
.and served by Henery Skerry,* miarshal of Salem. 

Execution, dated Jan. 24, 1669, against Peeter Miller to satisfy 
judgment granted Mr. Joseph Bowd, 30 : 9 : 1669, at Salem 
court; signed by Hilliard Veren,* cleric; and served by Henery 
Skerry,* marshsJ of Salem. 

Execution, dated 30 : 5 : 1669, against Henry Stacy, to be 
levied on one-third of a 10 acre lot in Marblehead between George 
Vicory and two other men, now in occupation of said Stacy, to 
satisfy judgment granted George Vicory, 29 : 4 : 1669, at 
SsJem court; signed by Hillyard Veren,* cleric; and served by 
Henery Skerry,* marshal of Salem, who delivered the lot to 
Joseph Kppenie, attorney of said Vicory; said Stacy ''said he 
would not budge" and the marshal levied upon another lot also. 

Jolm (his mark) Peach, sr., John Peach* and Richard Nor- 
man,* were chosen by John Phippeny and Henery Skerry to 
divide the lot into thirds. 

Execution, dated July 15, 1669, against Thomas Enolton to 
satisfy judgment granted John West, June 29, 1669, at Salem 
court; signed by Hilliard Veren,* cleric; and served by Henery 
Skerry,* marshal of Salem, who delivered a cow, bull and a gun 
to John West's son. 

Execution, dated 7 : 10 : 1669, against Daniel Ela of Haverill, 
to satisfy judj^ent granted John Godfery, June 29, 1669, at 
Salem couit; signed by Hilliard Veren,* cleric; and served by 
Thomas Whityer,* constable of Haverell, deputy for Henery 
Skerry,* marshal of Salem. 

* Antogniph. 



1660] BECOBDS AND FILES 211 

Execution, dated July 3, 1669, against John Godfery to satis- 
fy judgment granted Capt. Georg Corwin, 25 : 9 : 1662, at 
Salem court; signed by Hilliard Veren,* cleric; and served by 
Henery Skerry.* 

Execution, dated 7 : 10 : 1669, against Daniell [ElaJ to 
satisfy judgment granted Thomas Whithare and John Go<uery 
at Salem court; signed by Hilliard Veren,* cleric; and served 
by Stepen Webster,* constable of Haverhill. Bill of cost of 
Joohn Willams,* constable of Haverhill. 

Moses Mavericke,* Ambros Galle, Josiah Brown, Richard Red, 
John Northy, jr., John Northy, sr., Samll. Ward, Nikolas Meritt, 
John Codner, John Pedrik, Will. Poat and Elias Henlie, jury of 
inquest, warned by Richard Rith, constable, dated Marbldiead, 
Odi. 26, 1669, ''to inquire into the untimlie death of Cumdis 
wordwill: wee hauing Inquired of thoe which saw him in the 
water and tooke him vp out of the water we doe aprehend that 
his falling into Sea|| out of a canoe|| the weather being coold that 
is the caues of his death.". Sworn in court, 2 : 10 : 1669, by 
all the jury except Samll. Ward, John Northy, jr., John Northy, 
ST., John Codner and Josiah Browne, they being absent. 

Moses Mavericke,* Samuell Ward,* John Peach,* John Dev- 
rox,* Robart Knight,* Ambras (his mark) Galle, Richard Nor- 
man,* Edmond Gadle,* Richard Red,* Nishlis (his mark) Merritt, 
John (his mark) Codnor, and John Pedrick,* jury of inquest, 
warned by Erasmus James, constable of Marblehead, upon the 
death of Marie, daughter of Mr. Christopher Latamore, aged 
between seven and eight years, returned a verdict Mar. 6, 
1668-9, that from information given by those who found her 
and took her out of the well or pump that was in the well, it being 
uncovered, she fell or slipped into the well and was drowned. 
Sworn, 19 : 1 : 1669, before Wm. Hathome,* assistant. 

Edm. Batter,* John Browne,* Joseph Grafton,* William Flint,* 
Richard Prince,* Samuel Gardner,* Ele. Hathome,* Joseph 
Hardy,* Hilliard Veren, sr.,* Edwanl Mowle,* Samll. Pickman* 
and John Pickering,* jury of inquest, upon the death of Ahron 
Reade, returned a venlict 5:8: 1669, that death was caused 
by Joseph Small, who was near him, fitting his gun to shoot at 
fowls, "the gun whent of suddenly befor he was awar of it, and 
shot Read in the back." Sworn before Wm. Hathome,* assistant. 

William ChareUs, John Peach, sr., John Peach, jr., Nicolus 
Merritt, John Gatchell, Thomas Diccey, Beneamin Palmiter, 
Vinson Studson, George Godfree, WiUiam Waters, Christopher 
Necke and William Necke, jury of inquest, returned a verdict 
Aug. 30, 1669, upon the death of Henerye Combes, that he was 
drowned by accident, being drunk. 

Thomas Wheler,* Thomas (his mark) Colldam, Nathaniel 
Handforth,* Rich. Haven,* Mathias Farrington,* William (his 

*Aiito|^ph. 



212 8ALEM QXJARTEBLT COT7BT [NoV. 

mark) Right, Nathaniel Kirtlandy William (his mark) Clarke, 
Thomas Browne,* Joseph Mans[field], Henery Rhodes and John 
W — , jury of inquest upon the death of Gorge Fraill, returned a 
verdict titiat a piece of timber of about fifteen hundred weight 
roUed over him. 

Moses Mavericke,*^ Samll. Ward, John Peach, sr., John Peach, 
jr., NDcolas Meritt, Thomas Pittman, Samuell Martin, John 
GacheU, William Charls, John Pedrik, John Legg and Robert 
Bartlet, jury of inquest, warned by Erasmus James, constable 
of Marblehead, returned a verdict, Sept. 2, 1669, upon the death 
of Benjamin Spiller, that upon examination of the persons last 
in company with him ''apprehend that he was disguised with 
strong liquor or Beere: and indeuoring to goe aboard his Boat 
Betwixt nine and ten of the clock in the night: fell into the water 
betwixt the stage and Cannow or out of the Cannow and soe 
was (browned." Sworn at Salem court, 2 : 10 : 1669, by all 
except Samll. Ward and Robt. Bartlett. 

Warrant to the constable of Topsfield, dated Mar. 2, 1668: 
"Wheras the law published by the Honered Generall Court lib. 
1 pag 76. Sect. 3, doe require all Townes from time to time to 
dispose of all single psons and inmates within their Towns to 
service or otherwise and in pag. 16. tit. children & youth. It is 
required of the selectmen that they see that all and youth under 
family Government be taught to read perfectly the english 
tongue, have knowledge in the capital laws, and be taught some 
orthodox catechism, and that they be brou^t up to some honest 
imployment, profitable to themsellves and the conunonwealth, 
and in case of neglect, on the part of famaly Govemours, after 
admonition given them, the sayd selectmen are required, with 
tiie helpe of two magistrates, or next court of that shire, to take 
such children or apprentices from them, and place them forth 
with such as will looke more straitly to them. The neglect 
whereof, as by sad experience from court to court abimdantiy 
appears, doth occasion much sin and prophanes^ to increase 
among us, to the dishoner of God, and the ensueing of manv 
children and servants, by the dissolute lives and practices of such 
as doe live from under family Goverment and is a ^reat dis- 
couragement to most family govemours, who conscientiously 
indeavour to bring up their youth in all christian nurture, as 
the laws of God and this commonwealth doth require/' said 
constable was ordered to acquaint the selectmen of the town 
that "the court doth expect and will require that the sayd laws 
be accordingly attended, the prevalency of the formar neglect 
notwithstanding, and you are also required to take a list of the 
names of those young persons within the bounds of your Town, 
and all adiacent farmes, though out of all Towne bounds, who 
do live from under family goverment viz. doe not serve their 



1609] RECORDS AND FILES 213 

parents or masters, as children, apprentices, hired servants or 
journeymen ought to do, and usually did in our native country, 
being subiect to there commands & disipline and the same you 
are to retume to the next court to be held at Ipswich the 30 
day of this month, etc.; signed by Robert Lord,* cleric; and 
served by Thomas Dorman,* constable of Topsfield, who returned 
that he had made the selectmen acquainted with Mathew Hooker 
fiviDg out of service, who was all that he found in the town. 

Caleb Eimbal complained of Micell Crose for selling cider by 
small quantities contrary to law. Wit: John Edwards, Philip 
Phouler and Tho. Louell, jr. 

An accoimt of building the prison at Salem, written by Wm. 
Hathome'^ : Debtor, 2 : 10 : 1669, to Samuell Archer for felling, 
sawing, frameing & finishing ye Carpenter's worke, 161i. 4s.; to 
Mr. Batter for boards at twise, 71i. 13s. ; Jo. Devorex for 17 trees, 
A drawing to y^ watter side, 41i. 5s.; Wm. Flynt for Carting 
Timber, stons, & Graviell, 21i. 12b.; Me. Hathome in nayles & 
150 foote Boards & Iron worke, 31i. 6s. 9d.; Bartholmew Geed- 
ney for Timber by watter, lli. 2s.; John Baker for Groimd- 
pining, 7s. 6d.; a days worke in leveling ye flower, 3s.; a lock 
in mony, 56.; 1200 of shingles & laying, of Marshall Skery, lli. 
6e.; total, 37U. 2s. 3d. Creditor: Jo. Deverex, 181i.; Mr. Par- 
lett, 511.; County Treasurer, lOli.; ye marshall of ye countie, 
lU. 6e.; due 21i. 17s. 3d. 

John March* complained of John Webstar of Neubery for 
altering a summons given by Mr. Woodbrig. 

John Marston,* constable of Andivor, reported that he had 
taken up a stray steer about two years old, black with a white 
face, a notch cut out of her near ear and one out of the ofif ear, 
which had been cried and appraised according to law. 

Moses Mavericke,* James Smith,* Thomas Pittman,* Samll. 
Ward,* Nathans Walton,* Samuel Walton,* Joseph Dallabar,* 
and John (his marck) Peach, selectmen of Marblehead, approved 
of Bichard Norman to keep a house of entertainment to sell 
wine and beer and to keep provisions and accommodation for 
men and horses according to law. Allowed, 30 : 4 : 1669, in 
Salem court. 

Robart Swon deposed, that in the month of December last, 
William Holdiege, sr., being at deponent's house about his 
daughter who lived with Lt. Browne, said ''what if she doe Rune 
Away and this was before I hard she was Gone Away." Sworn, 
Jan. 24, 1669, before Nath. Saltonstall,* commissioner. 

Record of Ipswich town meeting of Feb. 20, 1665, copy made 
Aug. 10, 1669, by Robert Lord,* recorder: "Thomas Gidding 
requesting of the Towne to exchang a pcell of Land that his 
Father and goodman Andrews plants to posses when there time 
is expired for a parceU his father had at red root BSl; His request 

^Autograph. 



214 IPSWICH QUABTBBLT OOT7BT [Mar. 

COTTBT HELD AT IbSWICH, MaR. 29, 1670. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds and 
Major Genrll. Denison. 

Jury of trials: Thomas Bishop, Wm. Cog9weIl, Jacob Perkins, 
John Brewer, Symond Stace, Wm. Titcombe, Stephen Greenleefe, 

granted acre for acre soe many acres as he layes downe to the 
common sowed with english hayeseed soe many acres to have 
of that sayd land." 

Bill of cost against the Hawkes', summons for Reding men, 
etc., 41i. 9s. 2d. 

fined by Wm. Hathome,* since 4 mo. 1669: 

George Eeaser, for trucking strongwater with Indians. 

Jacob Pudeater's wife, for drunkenness, railing and base words. 

Alister Mackmaly, 30 : 6 : 1669, for tra<Sng some strong 
waters with an Indiaii. 

Jo. Liscom, 25 : 9 : 1669, for drunkenness, and Rich. Rice 
for swearing, both of Marblehead. 

Wm. Oxman, for drunkenness. 

Nicholas Maning, for breach of the peace in striking Wm. 
Reeves. 

John Glover, for breach of the peace in striking Edw. Counter. 

On the reverse of the forgoing paper: 'To his very Louinge 
Brother Leftenante Reminton liuinge in Rocksbury neere the 
millne this be." 

BUI of presentments, June 30, 1669, signed by Walter Price,'^ 
in the name of the rest of the grand jury: 

William Bath, fisherman, for being much disguised with drink. 
Wit: Barkle. Giddney and John Cook. 

John Browne, fisherman, for fornication with the daughter of 
Frances CoUence, now his wife, whom he married sixmt the 
latter end of January, the child being bom the first of June fol- 
lowing. Hanna, his wife, was also fined. Wit: Major Haw- 
thorne, Mrs. Cromwell and Mr. Batter. 

Richard Zevie of Marblehead, for living from his wife contrary 
to law. Wit: Walt. Adams and Richard Thistle. 

Summons, dated 2:9: 1669, to William Bath and John 
Browne and Hannah, his wife, also to witnesses, Mr. Bartholmew 
Gidney, John Cook, Mr. Ed. Batter and Mrs. Dorithy Crom- 
well, signed by Hilliard Veren,* clericus, and served by Joseph 
Phipen,* constable of Salem, who returned that said Bath was 
not at home. 

Summons, dated 2:9: 1669, to the town of Salem for not 
having a convenient watch house, signed by Hilliard Veren,* 
clericus, and served by Joseph Phipen,* constable of Salem. 

* Autograph. 



1670] RECORDS AND FILB8 215 

Edward Richeson, Thomas Tenny, Sam. Platts, James Bayley 
and Tho. Baker. 

In John Webster's case, Richard Jacob, John Tod and Aron 
Pengry. 

Samuell Moody's fine was remitted, he not appearing to serve 
on the last grand jmy, and it having been certified that he was 
then lame. 

Capt. Paul White v. Wm. Cotton. Debt. Verdict for 
plaintiff.* 

*Writ: Paul White v. Wm. Cotton; debt; which he engaged 
to pay to Mr. Pattishall for plaintiff on 29 : 6 : 1654, for eighteen 
fat wether sheep delivered to Thomas Joanes for said Cotton's 
use at 19s. fid. per piece, with fifteen years' forbearance; dated 
Jan. 19, 1669; signed by Jonath. Negus,t for the court; and 
served by John Conney,t constable of Boston, who committed 
said Cotton to prison, for want of bail. 

'^Capt Whit & Loueinge freind I haue spoken w% M' pateshall 
& hes desire is y* you shoulde deliuer me y* sheepe if youle abate 
nothinge I shall giue you yo' prise 19* • 6**: pray dell, them to 
tho Jones if he brings any home & thes my Note shal ingadge 
me to dischargd ye hole to M' pateshall soe I rest Y" Will. Cotten.t 
boston ye 29 : 6 : 54. I pray asist tho. Jones in helpeinge 
them ouer ye fery." 

Tho. Jones't receipt, dated Aug. 4, 1654, to Capt. Paul White 
for the sheep. Wit: Anthony Somerby.f Sworn, Jan. 13, 1669, 
before Daniel Daiison.t 

Jno. Emry, sr., aged seventy years, deposed that he delivered 
the sheep to Jones, etc. Sworn in court. 

Robt. PateshaUf certified, Dec. 12, 1669, that William Cotton 
of Boston, butcher, came to him on Oct. 2, 1654, and asked for 
credit for 171i. sterling to Capt. Paul White of Newberry, which 
he did, as appeared by his joiunal and ledger, but later foimd he 
claimed but 121i., etc. Sworn, 14 : 10 : 1669, before Jer. 
Houchin,t conmiissioner. 

Letter from Robt. PateshaUf to Mr. Wm. Cotten, dated Sept. 
10, 1654, "I am informed you are ordered to pay mee Twelue 
poimds in mony, for sheepe reed from Capt. Paule Whyte of 
Newbry, now, my desire is to pay to Mr. Jo. Spencer of Newbry, 
or to Geo. Mullings his assigne, five pounds in Cash, takeinge 
his recept you shall Comand mee in anything I may haue uppon 
this acco* or the former faile not, restinge yo' true friend." Eln- 
dorsed, ''Resefed of this not or ordor fortie shillines by me Georg. 
Moning.t 8*. 7 : 54." 

Wm. Chandler, aged fifty-three years, testified that in Feb., 

tAntograph. 



216 IPSWICH QUARTERLY COURT [Mar. 

Joseph Harris v. Josiah Roote. Appeal from a judgment of 
Major Hathome. Verdict for defendanti confirmation of the 
former judgment.*^ 

1668, Wm. Gotten, butcher, being in the house of Capt. White, 
etc. Sworn in court. 

'^Deliverance Cro, aged about thirty years, deposed that Good- 
man Roote's calf was dark brown, and that deponent living 
so near and daily seeing Goodman Harris' calf before he went to 
Rialls side and often since she came home, she believed it to be 
the very same calf. Sworn, 24 : 9 : 1669, before Wm. Hathome,t 
assistant. 

Elizabeth Harker, aged about seventeen years, deposed. 
Sworn, 24 : 9 : 1669, before Wm. Hathome,t assistant. 

Sameull Harris, aged about twenty-five years, deposed that 
Joseph Harris demanded his heifer of Josias Roote, sr., etc. 
Sworn, 24 : 9 : 1669, before Wm. Hathome,t assistant. 

Samull Harris testified that Harris had the beast in his orchard 
which was fenced in and possessed him as his own all the time 
when Goodman Roote came to deponent's brothers, etc. Sworn, 
21 : 9 : 1669, before Wm. Hathome,t assistant. 

Warrant, dated 21 : 9 : 1669, to Josiah Roote, sr., to appear 
the second day of the next week at 10 o'clock in the morning on 
complamt of Joseph Harris for taking and withholding a heifer, 
signed by Hilliard Veren,t for the court. Gopy made by Wm. 
Hathome,t assistant. 

Ralph Elingwood, aged about three score years, deposed that 
last spring he and his wife branded two steers upon the horns 
but now the mark was worn out. Sworn, 29 : 9 : 1669, before 
Wm. Hathome,t assistant. 

Elenor Elingwood, aged about thirty-three years, deposed. 
Sworn, 29 : 9 : 1669, before Wm. Hathome,t assistant. 

Osmond Trask and Edward Trask testified that Goodman Roote 
came to our house and said he wanted two heifers, etc. Sworn, 
21 : 9 : 1669, before Wm. Hathome.t 

Mary Woodbury, aged about thirty years, deposed that 
Rootes' calf often came to her house, etc. Sworn, 24 : 9 : 1669, 
before Wm. Hathome,t assistant. 

Thomas Chub's wife testified that she summered this calf 
and said to her daughter Harris, etc. Sworn, 24 : 9 : 1669, 
before Wm. Hathome,t assistant. 

Elizabeth Vinson, aged about thirty-three years, Nicholas 
Vinson, aged about fortynaix years. Deliverance French and 
Mary Wc^bury deposed concerning the marks, etc. Sworn 
before Wm. Hathome,t assistant. 

Susanah Hasldn, wife of Roger Hoskin, aged about twenty-two 

fAutograph. 



1670] RECORDS AND FILES 217 

Mr. Anthony Crosbie v. John Tod. Non-performance of 
articles. Verdict for defendant.*^ 

John Bumam v. John Andrews, jr. Trespass. For taking 
his horse out of his house. Withdrawn.t 

years, testified that she had helped to put this heifer into the 
house for her father Josiah Roote and she heard this heifer bleat 
down at Joseph Harris' house, etc. 

Sam. Stackhouse, aged upward of sixteen years, deposed that 
he was with Harris when he burnt an H in Ms heifer's horn with 
a hot iron, etc. 

John Lovet, jr., aged about thirty-two years, deposed about the 
marks, and that he helped his father Roote put the heifers over 
to Rialle side, etc. 

Benjamin Balch testified that being in the woods cutting wood, 
etc. 

Robert Morgan, aged eighteen years, deposed that Harris 
said in deponent's father's house, etc. 

Goody Hore, wife of Wm. Hore, aged thirty-four or five years, 
deposed. 

Wm. Hore, aged about thirty-five or six years, deposed con- 
cerning the marks. 

Gocdy Lovet, wife of John Lovet, deposed that her father 
Josiah Roote, etc. 

The eight foregoing depositions were sworn, 24 : 9 : 1669, 
before Wm. Hathome,^ assistant, and copies made by him. 

Reasons of appeal presented by Samuell Harris]: to the court, 
"assuring our selve y* you are ye Blessed seruants of ye most 
h^; beseching him to direckt you in this & all other matters 
of importance wherein usually you haue to doe withall," and 
received, 23 : 1 : 1669, by Wm. Hathome-t 

Answer to Samuell Harriss', attorney to Joseph Harris, reasons 
of appeal. 

*Copy of writs, depositions, and record of Ipswich court. 
Mar. 27, 1666, in the action brought by John Tod against Mr. 
Anthonie Crosbie, made by Robert Lord,]: cleric. 

John Todd's bill of cost, 18s. 

Writ: Mr. Anthony Crosbe v. John Tod of Rowley; concern- 
ing an exchange of land; dated Mar. 24, 1669-70; signed by 
Tho. Leaver,} for the court; and served by Jeremiah Elsworth,} 
constable of Rowley. 

John Tod'st answer, dated Mar. 30, 1670, to Mr. Anthony 
Crosbie. 

tWrit: John Bumam, jr. v. John Andrews, jr.; trespass; 
dated Mar. 24, 1669; signed by Robert Lord,} for the court; 
and served by Reienalld Foster, jr.,} constable of Ipswich and 

% Autograph. 



218 IPSWICH QUARTERLY COURT [Mar. 

James Fuller v. Samuell Graves. Trespass upon replevin. 
Withdrawn. 

George Hadley, in behalf of his son Samuell Hadley v. Joseph 
Pike. Non-performance of a covenant of indentures. Verdict 
for plaintiff. A good loom with all things fitting for it within 
one month.* 

deputy for Robert Lord,t marshal of Ipswich, by attachment of 
a horse and a cow of defendant. 

Samuel Giddinge, aged about twenty-five years, deposed that 
he heard John Bomam's horse was dead and went up to buy 
him for bait. He asked if he had released John Andrews of his 
bargain and he said he had, and deponent bought one-half of the 
horse. Sworn in coiirt. 

Jeames Ford, aged twentynseven years, deposed that meeting 
Boumam near Daniel Mailing's, etc. Sworn in court. 

Seth Story, aged about twenty-three years, deposed concerning 
the loss of the horse, etc. Sworn in court. 

William Story, sr., deposed that he found the trail of carrion 
on the common and traced it to John Bumom's house, where 
the latter said he had sold part of his horse as bait for wolves, 
etc. Sworn in court. 

Johaoah Bumum, aged about sixteen years, deposed concern- 
ing the bargain made, etc. John Andros said that he understood 
that John Bumam was to go to his brother Wellses, which was 
in the way by Andros' father's house, etc. Sworn in court. 

Mary Bumum, aged about forty-five years, and Mary, her 
daughter, aged about nineteen years, deposed. Sworn in court. 

Reienalld Foster, jr., deposed that Goodwife Bumum asked 
him what ailed the horse, etc. Sworn in court. 

John Boberds, aged about twenty-four years, deposed con- 
cerning the exchange of horses, etc. Sworn in coiirt. 

John Andrewes and WiUiam Andrews deposed that when John 
Bumum brought his horse and took away the horse in contro- 
versy, said Bumum took his bridle and saddle from off the horse 
which is dead and put them on the other horse. The horse he 
brought was immediately taken sick, and Andrewes told Burnum 
the horse would die, and within the time that they were fanning 
one fan full of barley the horse was so sick, etc. Sworn in court. 

James Giddinge and Elizabeth, lus wife, deposed that they 
heard John Bumam say that the horse which deponent's brother 
John had of him was sound, etc. Sworn in court. 

John Andrewes, sr., and his wife deposed. Sworn in court. 

♦Writ, dated Mar. 19, 1669, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

tAutogrftph. 



1670] REOOBDS AND FILES 219 

Goi« Hadle's faill of ooet, lli. 8e. 4d. 

Jdm How, aged about tlurty years, deposed that being desired 
by Goodman Hadly to go with him to Nubary to Joseph Pick's 
where th^ demanded ^e indenture, said Pick refused to give 
it up. Then Hadly demanded a loom and tackling for it accord- 
ing to the indenture and Pick showed them an old loom standing 
in a hovel which seem to be rotten and ready to f iJl to pieces. 
Hadly owned that Samuell Hadly had so carried himself that he 
could not justly complain of anything against him during his 
s^prenticediip. Further said Hadly sent his son to deponent to 
see what he had learned of his trade ''and upon triall I found him 
much to seek upon all thengs allmost concaming the traed." 

Thomas Haynes, aged about nineteen years, and Mary Hoaten 
[Holten], aged about fifteen years, deposed that a little while 
before Samuell Hadly went from his master Pike, ''hee being at 
our house, did promise our grandfather knighte to bringe up his 
loome which he said he was to have of his mastar and thear to 
set it up att our house & weaue us a web of Cloth our grandfather 
asked him whether he Could weaue and warp well hee answared 
that he Could weaue ten yards in a day and that he Could warp 
very well as well as his master he said also that his mastar Could 
not abide to weaue but made him weaue ahnost all that was 
woue in the house." Sworn in court. 

John E[night, sr.* and Ane (her mark) Knight afiirmed the 
same. 

James Dickeson, aged twenty-nine years, deposed that Samuell 
Hadly said at deponent's house that he could weave both linen 
and cotton as well as his master, and that he could make ''sleyes." 
Further, about eight years ago when Hadly lived at deponent's 
house, he and his sisters took a great deal of care and diligently 
instructed him in reading and he was also put to school, but he 
did not gain much of what might have been expected. ''In his 
ordenary imployment he was incapashous that I neuar saw one 
of that age soe unfit for laming & any work in which was need- 
full to haue discresion used." Sworn in court. 

Indenture, dated Feb. 22, 1664, between Joseph Pikef of 
Rowley, weaver, and SamueU Hadley of Rowley; said Hadley 
with the consent of his father George Hadley of Rowley bound 
himself to serve said Pike as an apprentice five years, and he 
was not to haunt ale houses, taverns or any tippling houses, not 
to keep bad company, nor to reveal his master's secrets, nor 
to be out of his master's house at unlawful time of night without 
his master's leave; said Pike was to teach him to read and write 
well, teach him the trade of a weaver and to miake sleayes, and 
at the end of his time to have a good loom with the tackling and 
a good shuttle fit to set to work with. In case said Pike died 
before his time was out, he was to serve said Pike's wife, and he 

* Autograph. f'^^^Sr^P^ <^<^ s^* 



220 IPSWICH QUARTEBLY COURT [MeT. 

Ussuall Wardwell v. Samuell Lomasse and John Warner. For 
breach of covenant by not pa3ring their rent according to 
covenant. Verdict for plaintiff.* 

Joseph Annitage, assignee of Samuell Bennet v. Mr. John Bex 
& Co. Verdict for defendant.! 

was to have liberty once in a year during his apprenticeship, to 
go to see his friends. Wit: John Carleton| and Georg Hadly.^ 

♦Writ, dated Mar. 24, 1670, signed by Robert Lord,t for the 
court, and served by Robert Lord,| marshal of Ipswich, by attach- 
ment of a horse and a parcel of barley in the haxtda of CJomett 
Whipple and also a horse of John Warner. 

Due for rent from Samuel Lomoks and John Warner, lOli. 48. 
6d. 

Lease, dated Apr. 4, 1665, Usuall Wardell of Ipswich, ''farmlet" 
to Samuel Lommu8§ and John Wamer§ of Ipswich, all his farm 
lately Daniell Binge's, deceased, containing 110 acres, with the 
house, bam, outhouses, fences belonging, ako two working cattle, 
a yoke, chain and two cows, for eleven years from Mar. ^, 1665, 
the cattle not to be over seven years old, and to be returned at 
the end of the lease; also what charges arise for a drift way over 
the river in Mathew Whipple's farm, said Usuall to allow, and 
for the repairing, the tenants to do their share with the others 
who make use of it; they were to pay 121i. the first year for tiie 
lease and to advance 20" each year imtil it reached 181i., in wheat, 
beef and pork, and if any extraordinary charges should arise by 
any alteration of government, upon a year's warning the tenants 
had liberty to surrender up the farm to their landlonl, etc. Wit: 
Robert Lord} and Mary Lord.t The stock consisted of a pair 
of oxen appraised at 131i. 12s. 6d.; and two cows, 91i. 19s. 

fWrit: Joseph Armitage, assignee of Samuell Bennit v. Mr. 
John Bex & Co., and Mr. John Gifford, their agent or attorney; 
debt; dated Feb. 10, 1669; signed by John Fuller, t for the court; 
and served by John Marshal,! constable of Line, by attachment 
of 350 acres of land of defendant. 

Samuell Benett, on Dec. 21, 1669, assigned to Joseph Armetage 
481i. given him in arbitration by Maj. William Hathom and 
Capt. Thomas Marshall, and 481i. due from Mr. John Jeffard, 
Beckes & Co., with eleven years' forbearance. Wit: Thomas 
Marshall,! John Lewis! and Elisha Benett.! Sworn, 28 : 1 : 
1670, by Capt. Marshall, before Wm. Hathome,! assistant. 

Award of the arbitrators, Wm. Hathome! and Thomas Mar- 
shall,! dated 10 : 6 : 1658, that Mr. Giffard & Co., (Mr. Leader 
& Co. at that time, but leave Sam. Benet to accoimt with Mr. 
Leader) were indebted to Mr. Bennet 481i. 15s. Id., which should 

{ Antc^graph f Autograph and seal. 



1670] BECORDS AND FILES 221 

Joseph Armitage, attorney to Rich. Post v. Mr. John Bex & 
Co. Verdict for defendant.* 

Frances Wainwright v. John Davis. Debt. Withdrawn. 

John Newmarsh v. John Tod. Verdict for plaintiff. Twenty 
quintals of fish.f 

Mr. Moses Maverick v. Richard Read. Verdict for plaintiff. 
That he be put in possession of the house and that parcel of land 
where the house stands at Marblehead.t 

be paid within one month. Sworn, 28 : 1 : 1670, before Wm. 
Hathome.§ If the sum were not paid, Mr. Webb was to do his 
best to get it. 

*Writ, dated Feb. 10, 1669, signed by John Fuller,§ for the 
coiut, and served by John Newhall,§ constable of Line. 

John Giffard,§ attorney, certified to the arbitration and that 
there was due to Richard Post, 91i. 2s. which was ordered to be 
paid him by Capt. Thomas Marshall and Mr. Amos Richardson, 
but he did not know whether it had been paid. Sworn in coiut. 

Letter of attorney, dated Sept. 11, 1667, given by Richard 
(his mark) Post of New Haven to Joseph Armetage of Line. 
Wit: Samuell Benett,§ Thomas (his mark) Brown and John 
Benett.§ Sworn, Mar. 2, 1667, before Daniel Denison.§ 

tWrit, dated Mar. 23, 1669, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich, by 
attachment of nineteen kegs of defendant's. 

Robert Peirce deposed that he was at the Isle of Shoules on 
Smuttinose Hand in July, 1668, and he heard Newmaredi demand 
of Tod twenty quintals of fish which Tod owned that he borrowed 
of said Newmarsh the year before, and he said he could not pay 
it then. Sworn, Mar. 30, 1670, before Daniel Denison.§ 

Thomas Bishop§ deposed the same. 

tWrit: Moses Maverick v. Richard Read, by attachment of 
the land and house ''in which William Governow dwelleth that 
was Jane James Deceased" for said Read's appearance; for 
r<rfusing to let said Mavericke have the house according to arbi- 
tration and refusing to satisfy him for what he paid for building 
the house; dated Mar. 21, 1669-70; signed by Moses Mavericke,§ 
for the court; and served by Erasomus James,§ constable of 
Marblehead, by attachment of the house and land of defendant. 

John Legg, sr., aged about sixty years, deposed that he did the 
mason work in the house in which Jane James, deceased, lived 
and was to have 40s. "She told me that Moses Mavericke was 
to pay me the said sume: for he bult the house for her I had the 
pay of him said Maverik in Come and other things or she fetcht 
itt for me: and other things for caring the worke to compleat 

lAvtogmph 



222 IPSWICH QUARTEBLT COURT [Mar. 

Samuell Lomaae v. Ussuall Wardell. About meadow. Verdict 
for defendant.* 

the said house: for she said her sonns would not buld itt for 
her." Sworn, 28 : 1 : 1670, before Win. HathomCyt assistant. 

Wm. Hathomef attested that he had often heard Jane James 
say that Mr. Maverick built for her the house in which she last 
lived. 

Moses Mavericke's bill of cost, lli. 10s. 

Willisan Nicke, aged about thirty-eight years, deposed. Sworn, 
28 : 1 : 1670, before Wm. Hathome,t assistant. 

Wm. Hathomef and Moses Mavericke,t chosen by the court 
to arbitrate the differences between Jane James and Erasmus 
James, her son, made award, dated 23 : 11 : 1665-66, that said 
I^asmus should pay 61i. to his mother; that he should deliver 
up to his mother Jane James the bill of sale which he had of the 
widow More for their ten acre lot at the ferry when ssdd Jane 
should procure another bill of sale in her own name; that said 
Erasmus should deliver to his mother what goods he had used of 
hers with 25s. for the wear; that said Jane should depart out of 
the house of Erasmus and leave him in quiet possession between 
this and Mar. 1; whereas said Jane had two parcels of land, 
one near the poimd and the other near Wm. Nick's, they judge 
these to be hers and if she procure either of her sons to build her a 
house to hve in during her life or whosoever builds it after her 
decease shall enjoy the house and land; and that said Jane should 
have liberty to sell or dispose of either of the parcels of land for 
her present maintenance. 

♦Writ: Samuell Lumose and John Warner v. Usull Wardell; 
for leasing them a meadow which was none of his own, fenced 
in, which fence he said were the bounds, when idPterwt^ it 
appeared otherwise; dated 24 : 1 : 1670; signed by Tho. F^ke,t 
for the coiirt; and served by Robert Lord,t marshal of Ipswich. 

UzaU WardweU's bill of cost, lU. lOd. 

Lease, dated Apr. 4, 1665, from Uzal Wardall§ to Samuell 
Lomase and John Warner. Wit: Robert Lordf and Mary Lord.t 

John Whipple, jr., deposed that he denied Samuell Lomas and 
John Womer liberty to pass through his land over the brid^ 
until their landlord and he had agreed about the way. Sworn m 
court. 

John Whipple, jr., aged about thirty-six years, deposed that 
the first year that it came into his hands, he did not remember 
that Sammewell Lomas afforded any help, but the second and 
third years he was called upon he did not give any help toward 
mending the way over the river. Sworn in court. 

Nathanell Rust, aged twenty-nine years, deposed that he 

t Autograph 



1670] BECOBD8 AND FILES 223 

Thomas Knowlton v. William Enowlton. Debt. Which he 
engaged to pay for his brother Samuell in work. Verdict for 
plainti£f.* 



heard Lmness say that Wordel told him that Sergent Jacobs, 
etc. Owned by the plaintiff in court. 

William Damforde deposed that in May when rye was ankle 
hi^, deponent had no way over for his cattle to the common but 
was forced to keep them in his field. Sworn in court. 

Alecksander Tomsone deposed that Corparall Whippell, etc. 
Sworn in court. 

Damll Davison, aged about forty years, deposed that for want 
of the way to the common which by lease Goodman Warner was 
to allow, the tenants were very much damnified, etc. Sworn in 
court. 

John Dean, jr., aged twenty-six years, deposed. Sworn in 
court. 

♦Writ, dated Mar. 9, 1669-70, signed by Robert Lord,t for 
the court, and served by Robert Lord,t marshal of Ipswich. 

Tho. Enowlton, jr.'s bill of cost, lli. 8s. 

Bond, dated Nov. 4, 1669, given by Thomas (his mark) 
Enoulton and William Enowlton,t both of Ipswich, to stand to 
the award of Mr. William Hubbard and Sergent Jacob, arbitra- 
tors. Wit: Nathanell Browne.f 

Account, dated 28 : 4 : 1667, due to me, 31i. 10s. 6d. ; for 
Thomas Witteig in pay, 7s. 6d.; Maj. Samuell Symons, 8s.; 
Decon Goodhow, 71i. 1^. 8d.; a horse, 31i.; tobackah you had. 
Is. 3d.; tobackah, 28. 6d.; Phillip Welch, 5s.; one pound of pow- 
dure, 28. 6d.; Goodman Pellen, 4s. 8d.; your one shos you had, 
8s. ; Judah Jacob, 6s. ; more mony you had, 2s. ; total, 161i. 16s. 5d. 

Award of the arbitrators, William Hubbardf and Richard 
Jacob :t They alleged nothing but about the breach of covenant 
in which William had agreed to work with his brother Thomas 
from Oct. 1 to the next April, for about 50s., which he had already 
received. He was to work as a shoemaker according to the 
manner of a joume3rman. They ordered William to pay back 
the 50s., with 5s. damage, because he had not kept his agreement. 

Henry Bennett and John Knoultonf deposed that they heard 
the bargain made at Thomas Knoulton's house and that William 
was to receive 50s. besides his wages. 

Nickles Marbel and Samuell Enoulton deposed that Thomas 
Enoultone came to our house for William to work for him, but 
they told him they did not know how he could for he had groimd 
of deponents' to plant and if he should go away it would be of 
great damage to them. But because said Thomas was in such 

t Autograph. 



224 IPSWICH QUABTEBLT couBT [Mar. 

The selectmen, in behalf of the town of Ipswich v. John Dodge 
and Rice Edwards. Trespass. Verdict for plaintiff.* 

great need of help and offered him good pay, they let him go, etc. 
Sworn in coiirt. 

♦Writ, dated Feb. 23, 1669, signed by Robert Lord,t for the 
coiirt, and served by Robert !U)rd,t manual of Ipswich, by 
attachment of part of the saw mill of defendant. 

Copy of the records of the town of Ipswich, Mar. 27, 1643, 
concerning the bounds between Ipswich and Salem. William 
Hubbard, John Tuttle, Joseph Young, Jaffery Massy, Roger 
Connett, John Balch, Thomas Howlett and John Gage, appointed 
by both towns, determined the bounds as follows: ''We conceiue 
that the meeting-houses of the two Towns stand from each other 
north norest half e apoyt easterly and south southwest half e a 
poynt westerly whether it be exactly soe or noe, we are fully agreed 
that the lyne betweene the two Townes shall run as foUoweth 
from the bound tree neare John Fairefields house west norwest 
halfe a poynt halfe a poynt northerly and "East south east halfe 
a poynt southerly both wayes from the sayde bound tree." Copy 
made by Robert Lord,t cleric. 

The selectmen's bill of cost, 31i. 8s. 6d. 

Copy of Ipswich town records, Aug. 31, 1649, made by Robert 
Lord,t clerk: ''It is therfore ordered that no pson whatsoever 
shall henceforth fell or cause to be felled any white oak without 
a pticular license from the 7 men under penalty of ten shillings 
for every offence, to be distrayned by the marshall and aU psons 
that shall know any that offend against this order are desired to 
make knowne such offenders to the 7 men that soe the penalty 
may be taken out of which such as shall informe shall haue due 
sattisfaction for there paines." 

ComeUous Kent, aged about twenty-five years, deposed that 
he saw John Dogge of Basse river. Rice Edwards, John 
Edwards, his son, and Johnathan Bialle sawing trees upon 
Ipswich common, as Goodman Storye said. Sworn in court 

Seth Story deposed. Sworn in court. 

Thomas Eiioulton and Marshal Lord deposed that they being 
at Rice Edwards' discoursing about the trees they heard said 
Edwards say that after they had felled six or seven trees they 
let them lie on the ground to see whether Ipswich would say 
they were in the commons. Sworn in court. 

Nickhs Marbell and Samuell Knoulton deposed that according 
to the desire of the selectmen, they went to forewarn them that 
they were trespassing and they found, etc. Sworn in court. 

William Story, sr., deposed. Sworn in court. 

t Autograph. 



1670] BECOBDS AND FILES 225 

The selectmeiiy in behalf of the town of Ipswich v. John 
Poland. TrespasB. Verdict for defendant.* 

Thomas Bishop v. Esaiiah Odyhome and Gabrill Grub. Debt. 
Defaulted by said Odyhome. 

John Emery v. Benjamine Boafe. Nonsuited. 

Benjamine Roafe v. John Emery. Trespass. For mowing 
his grass. Verdict for defendant.f 

* Writ, dated Feb. 23, 1669, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich, by attach- 
ment of house and land of defendant. 

Wiliam Story, sr., deposed that being sent into the woods by 
the selectmen he called Josep Knoulton with him and showed 
him the trees and said Pouland felled some of them, etc. 

Copy of Ipswich town records, Feb. 16, 1668, made by Robert 
Lord,t cleric: ''Wheras order hath beene taken that the number 
of Inhabytants of this Towne might not be increased to the pju- 
dice & damage of the comoners notwithstanding w^'h divers 
dwelling houses have beene built & more intended It is hereby 
ordered that no pson not admitted & entred as a comenour in 
this Towne shall directly or indirectly make use of any timber 
fire wood grasse or herbedge growing upon any of the Towne 
commons but soe doeing shall be coimted a tresspasser, & for 
every tree of one sort or other & also for every load of wood 
or brush which he shall take from of the common he shall forfitt 
20s. & if any comoner or other psons shall carry or conveye to 
any such pson any timber or firewood from off the Towne com- 
mons he shall forfit in like manner for every tree 20s. & for every 
load of wood 20s. and if any such pson not haveing right to com- 
onage shall put out of their owne ground or suffer there cattell 
horses sheepe or swine to goe & pasture on any of the Townes 
comons," they were to pay 2s. 6d. for each, etc. 

Joseph Knowlton deposed that he heard Poland say the tree 
was so fast that he could not get it out of the swamp, etc. 
Sworn, Mar. 28, 1670, before Daniel Denison.t 

Nicklas Marble deposed. Sworn in coiut. 

William Knoulton and Thomas Edwards deposed that Poland 
said he had leave of some of the selectmen to fell three or four 
trees for his own use. Sworn in court. 

fCopy of records of a commissioners' court held Mar. 16, 
1669-70 at Newbury, by Cap. Gerrish, Mr. Hills and Nicholas 
Noyes: 

Benjamin Rolfe v. John Emery, sr.; trespass; for cutting a 
parcel of grass on a five acre lot that was John Muslwhite's, 
deceased, and for carrying away part of it. 

t Autograph. 



226 IPSWICH QUABTERLY COURT [Mar. 

Defendant acknowledged that he cut the grass and it made 
five small loads of hay. 

Judgment for plaintiff. 

Thomas Hale, sr., deposed that he was at said Muslwhite's 
house with John Emmery and Richard Knight sometime in Jan- 
uary, 1668, and that said Emery desired Muslwhite to give him 
a deed of the meadow and the latter rephed "I neuer made but 
a conditional! bargaine with you and you haue alwayes broke 
the conditions and therefore you shall haue it no longer." Fur- 
ther, when he came to ask his pay, he said several times that he 
gave him bad language. There were due to Muslwhite from 
Emery 9s. 6d., partly for rent and partly for grass in the orchard. 

After this, John Emery, by constable Nathaniel Clarke, served 
two attachments upon Muslwhite and before court time, Emery 
said he would let them fall and leave it to his conscience. After 
this, Muslwhite said that he would sell his house and land and 
John Emmery told deponent that he was willing to buy it, and the 
price was four poimds a year during his life and at his death, 
301i. to his executor. Emery said he would never give that price. 
Richard Knight deposed the same. Copy made by Anthony 
Somerby,* clerk. 

The coiut was informed that by this covenant about fencing 
in of their field and the share of fence laid out for their meadow 
on Feb 28, 1653 this land was then in possession of John Musl- 
white and not John Elmerie, therefore the former was compelled 
to do it and not said Emerie. In this covenant, John Pike had 
twenty-seven rods of fence belonging to his land but the fence 
was laid out to his tenant Samuell Moore. 

John Emery, sr., certified on Mar. 18, 1669-70, that he ten- 
dered Bengemen Rolfe, executor of the estate of John Muslwhite, 
one yoimg cow, one heifer, one horse, two bushels and a peck of 
wheat, to be appraised by indifferent men, in consideration of 
the five acres he bought of said Muslwhite. Wit: John Webster* 
and Richard Shatswell.* Sworn in court. 

Henry Sewall* and Richard Shatswell* deposed that on Feb. 
15, 1668, being desired by John Emery to go to John Musellwhite, 
they heard the latter aclmowledge he had sold five acres to Emmery 
for five pounds to be paid after Musellwhite's death, and 10s. 
yearly in wheat as long as he Uved; also that everything was 
paid to date, and Mussellwhite said he would give him an 
acquittance as soon as he was able to go to Richard Knites. 
Sworn in court. 

John Emery's bill of cost, 19s. 

John Emery, aged forty-two years, and John Webster, aged 
thirty-eight years, deposed "that our father Emerry hath Injoyed 
and made use of this meadow as his owne ninteen years the last 
July or mowing seson." Sworn in coiut. 

^Autograph. 



1670] BBCOBDS AND FILB8 227 

Copy of a town record made by Richard Knight:* ''This 3 
day of October 1653 at a meeting of seventll of the Inhabitants 
of the old tomie between the great River and the ox Comon and 
so Joyning to the street: and wheras we haue fomid upon Exam- 
ination that we haue not yet Com into good order nor yet that 
ther is anie Rule of Justice wberby we haue made our fences 
but that som have made to little and som to much and som 
not at all and that som Evrie yeare have bin faine to 
keep ther Com from Cattell and swine and likewise that 
som after ther own Com is in put Cattell in to the feeld 
before other mens Com is out of the feeld which haue bin troubl- 
som to many: We therefore for our own peac and the good on of 
an other haue Considered and by thes psent do agree that hauing 
acoimted the plow land within thir feeld and the pastur land 
Joyning to that and the medow Joyning to the pastur -It a Riseth 
to be 3 Rod and a halfe of fence to Eurie acer of plow land and 
one Rod to Evrie acer of pastur land and on Rod to Evri acer of 
medow to the Creeke: to be made and to be allwais kept in sufi- 
cient Repair by the owners of the land to keep out Cattell and 
swine out of the field when ther is anie damag to be don: Lik- 
wise we do agree that Evrie Mans share or portion of fence shall 
be laid out to the Most Conveniencie of his land what may be 
and likwise wee do agree that when anie mans land is fenced in 
perticuler to him selfe: then he shall be freed from his portion 
of generall fenc and the Rest that ar in generall shall both make 
it and maintain it in suficient Repare. 

"Likwise we do agree that besid that which is before men- 
cioned if anie part of anie Mans portion of fenc be foimd to be 
down or Insuficient by the 26 of March from yeare to yeare if 
anie one that haue land in the feeld do giue him or them warning 
that ther fence is doune or Insuficient if they do not make it 
suficient in 3 days after he shall forfit twelue penc a time to be 
paid to him that gaue the warning and pay all damag beside: 
vnto all thes perticulers aboue mencioned we the major part do 
Ingaig ourselues and here vnto we set our hands. Richard 
Knight, William lellesly, Nicholas Batt, Richard Dole, Thomas 
(his mark) Silve and Thomas Blomfeeld." 

Those who owned shares in the fence: Thomas Blomfeeld, 
John Pike, sr., Richard Dole, Tho. Silve, John Muslwhit, William 
Ilsly, Franc Plomer, Nicholas Batt, Rich. Knight, Sam. Plomer, 
John Roffe. 

List of the portions of fence laid out on the side next the ox 
common, Feb. 2S, 1653, beginning at the ditch by the meadow, 
to Sam. Moors for the land wluch is John Pike's, etc. Copy 
made by Richard Knight.* 

Thomas Hale* certified that the attachments served were upon 
the land in controversy, and Richard Knight* certified that John 

* Autograph. 



228 IPSWICH QUABTfiKLT C0X7BT [Mar. 

Emerie said he would leave it to John Muslwhite's conscience. 
Sworn in coiirt. 

Indenture, dated June 30, 1669, between John (his mark) 
Muslwhitef of Newbery and Benjamin Roffe of Newbry, said 
Muslwhite sold to Roffe five acres adjoining John Emmery's land 
on the west, Edward Woodman's on the north, Abell Hewse 
on the south and Richard Dole on the east, also houses, orchard, 
freehold or commonage, and two acres adjoining land he lately 
sold Samuell Plomer on the north and east, Thomas Silver on 
the south and the street on the west, reserving only the little 
house he then lived in and the little plot of land before his house 
to the street while he lived, ''and if my kindsman do Com ouer 
for my Estat within a yeare after my decease then he shall haue 
libertie to dwell in or mak use of my litl house and that litl plot 
of land before mentioned for one yeare. " Emerie was to pay him 
31i. l(te. a year during said Muslwhite's life in wheat, barley, 
Indian com or malt, at some place between the meeting house 
and the old town, and at his death to pay BOli. within a year. 
Possession was given by turf and twig. Wit: Richard Knight* 
and Thomas Hale, sr.* 

Benjamin Rolfe's bill of cost, 18s. 2d. 

Thomas Hale, sr., and Richard Knight testified that they saw 
said Muslewhite give Rolfe possession by turf and twig. Sworn 
in court. 

Thomas Hale, sr., testified that Muslewhite employed him to 
forbid Emery to cut the grass. Sworn in court. 

John Webster deposed that his father-in-law Emery had 
enjoyed this meadow eighteen or twenty years. Sworn in court. 
Copy from the commissioners' records made by Anthony Som- 
erby.* 

Steeven Webster, aged about thirty-one years, deposed that 
he had mowed this meadow for Emery. Sworn, Mar. 23, 1669- 
70, before Nath. Saltonstall,* commissioner. 

John Emerry, jr., aged forty-two years, deposed that he had 
heard his father ask John Musselwhight to give him a deed of 
the meadow, and he repUed, ''what need you be so earnest for 
a deede you haue it in posesion doe you thmk I am a knaue you 
shal not need to feare it I will giue you a deed before I dye or els 
if I doe not I will leaue order with him whom I shall a point to 
be my execeter to giue you a deede of it." Sworn in court. 

Richard Shatswell and John Webster deposed that they being 
in the meeting house at Newbery when the action between Rolfe 
and Emery was in hand, they heard Richard Doel say that 
Muselwhite did give him order to make the deed, when the latter 
lay sick and likely to die, etc. Sworn in court. 

Richard Dole, aged about forty-six years, deposed that five or 

'Autograph. ^SetA. 



1670] BBCORD8 AND FILES 229 

Fraaces Wainwright v. Thomas White. Debt. Defendant 
acknowledged judgment to plaintiff, and the action was with* 
drawn. 

Frances Wainwright v. Wm. Reiner. Debt. Verdict for 
plaintiff.* 

Thomas Enowlton acknowledged judgment to Theophilus 
Willson as executor to Gyles Birdley. 

Daniell Pearce, constable of Newbury, for not making return 
either of constable or juryman, was fined lOs., and was to con- 
tinue constable until the next court. 

Mr. Hilyard Verren presenting a written will of Wm. Powell 
testified upon oath by three witnesses, court accepted the pro- 
bate, said Hillyard giving bond of 151i. that the estate be ordered 
according to the will and to save the court harmless from any 
after claims by a written will of an after date. 

Andrew Peeter had his Ucense renewed for a year. 

Hugh Marsh was licensed to keep ordinary at Newbury for a 
year and to draw wine. 

Wm. Tittcomb and Anthony Somerby engaged to the court 
that what Henry Jaquis should make appear that he was damni- 
fied by preparing to keep an ordinary, being encouraged there- 
unto by the selectmen, they would make him satisfaction. 

John Sorla had his licence renewed for a year, also his license 
to draw liquors for a year. 

John Clements of Marblehead had his license renewed for a 
year to keep ordinary. 

Tho. Judkins was licensed to keep ordinary at Gloster for a 
year. 

six years past Hinere Shoort, William Moody and John Moussell- 
white were at his house when John Emery asked for a bill of sale 
and MousseUwhite refused to give it to him, etc. Sworn in 
court. 

*Writ, dated Jan. 10, 1669, signed by Daniel Denison,t and 
served by Robert Lord,t marshal of Ipswich, by attachment of 
land of defendant. 

William Ra3rner's bill of cost. Hi. 10s. 8d. 

Agreement of WilUam Rayner, dated June 17, 1669, to pay 
llli. 16s. 2 l-2d., in good wheat, barley or pork, etc. Wit: Jno. 
Wainewright. Sworn in court. Copy compared with the book 
in court. 

tAubograph. 



230 IPSWICH QUABTEBLT COUBT [Mar. 

Ralf e King of Lynn had his license for selling liquors renewed 
for a year. 

John French was sworn constable of Topsfield. 

Nath. Wells was discharged of his bond for Peeter Stricland. 

An Indian called Nimrod being convicted for attempting abuse 
to a married woman in her own house and threatening to kill 
her with a naked knife in his hand if she would not be quiet, 
was ordered to be whipped and wear a paper written in capital 
letters as ordered by the court in all EngUsh towns and planta- 
tions or else to be taken and whipped by the constable.* 

An Indian called John, convicted of offering abuse to an English 
woman in her own house, was ordered to wear a paper written 
in capital letters when he comes into any English town or plan- 
tation, and if taken without it, to be whipped by the constable.* 

*Edmund James' complaint: "that on Dec. 10, 1669, an 
Indian named Nimrod, with three other Indians, came to said 
James' house and without leave, calling or knocking, his wife 
being at home alone, sat down by the fire to warm themselves. 
Nimrod became bold "asking her the said Edmunds wife if she 
haue husband, she say yea. he said where he walke. she said 
litle way fetch pigsack. Nimrod say you much ly. me great 
wakke woods today, me no see pigsack. he no Utle wakke he 
great way walke. come you give me meechin. mee haue puddin. 
mee haue meat wunnegin. she speake by by my husband come 
much hungry, he said your sannap be hangd me haue meechin. 
and so searching about the house for victaules but finding none 
drest he sate downe againe by the fire and began to speake partly 
in indian and in broken english. some baudy discourse about 
women which she began to understand and was sore afraid she 
standing knitting in the chimney comer with her backe towards 
him the other Indians all the time laughing . . .hauing a knife in 
a sheath hanging with a string at his backe he drew it out and 
holding it with the hafte in his hand and the blade of it vnder- 
neath his hand ready to strike . . .then one of the other indians 
came and laid hold of him by the arme and pulled him away and 
speaking in indian tooke up theirs guns and hatchets and went 
away and I the said Edmund James shortly after coming home 
and finding my wife weeping told me how she had been afrighted 
with indians and told me she know the indian againe if she could 
see him and this aboue writen is her afirmation. now the next 
day in the momeing as I the said Edmund was going to giue my 
cattell meat my wife called me and said there was an indian a 
coming and so by that time that he came up to the house I came 
and my wife told me that this was the very indian which ofered 



1670] RECORDS AND FILES 231 

John Hull dying intestate, coiirt granted administration of the 
estate to Margaret Hull, the widow, she to pay the debts and to 
have the rest of the estate. The inventory amounted to 471i. 16s. 

Mr. John Cogswell d3nng intestate, court granted adminis- 
tration to Elizabeth, the widow, she to enjoy the whole estate 
during her life. The inventory was delivered into court. 

her abuse the day before, then I asked him if he come my house 
yeesterday. he say yea. I aske him how many mans come 
with him, he speake three more mans and aske me if I no know 
him. his name nimrod." Sworn by Edmund James and his 
wife, Dec. 20, 1669, before Simon Bradstreete.* Bonds of 
Edmond James and Jonathan Gage. 

"To the keep, of the prison att Ipswich. I haue sent y° here- 
w*^ the bodyes of two Indians the one called Njonrod the other 
John, both of them accused & charged w^^ the attempt of a rape 
of two women. Theis are therefore in his Ma***" name to 
will & require y° to receiue them into y* prison & them safely 
keepe till they be thence deliuered by order of law & hereof y^ 
are not to f aile att y' p^ill. dated 20*** dec'. 69. Simon Bradstreete 
As sis*" 

John Severance, aged about twenty-two years, deposed that 
"upon Fryday was senet last" about an hour before sunset, 
coming with his sled by the house of Edmond James he stepped 
into the house to light his pipe, and found said James' wife 
almost distracted, etc. That she asked him to stay there for she 
was afraid of the Indians. Sworn, Dec. 20, 1669, before Simon 
Bradstreete.* 

Nymrod admitted that he was in the house, but denied the 
accusation. 

Charges of the keeper, Theophilus Wilson: two Indians put 
in prison, 10s.; 20 days diet, 13s.; for two to work one night, 
2s. ; for putting on and of of fetterss, 2s. ; total. Hi. 7s. 

Complaint of Esther, wife of Jonathan Gage, concerning an 
Indian named John, who came to her house when her husband 
was not at home the latter end of March, 1669: Said Jonathan 
that day was employed about raising a house about half a mile 
distant from his own house and went to his father's house to 
fetch some one to be with his wife to help her. Being in haste, 
he did not go into the house but setting down the woman at the 
house end and knowing nothing of the Indian being there, rode 
away again to his work as fast as he could. In the meantime the 
Indian became very bold, asked for "meechin" and took some 
bread and ate it, etc. Also at another time Gage met him as 
he was going to Ipswich and the Indian knowing him went 
straight away to Gage's house. The dog barked and his wife 

* Autograph. 



232 IPSWICH QUARTERLY COURT [Mar. 

John Webster, complained of for reading a paper having many 
charges against Mr. Parker and being asked what answer he made 
for charging Mr. Parker about his two sermons, he said he con- 
ceived so. Said Webster being convicted for publishing and 
reading in the meeting house at Newbury on a Lord's day in 
February last without and against the express consent of their 
officers a scandalous and reproachful libel or writing against 
Mr. Parker, declaring it to be in the name of the Major part of 
the brethren, which upon a full hearing he had not in any meas- 
ure made good, he was ordered to be admonished and bound to 
good behavior, to pay 10s. for telling a pernicious lie and to pay 
the charges of the jury for one meal.* 

went to the door and seeing the Indian, shut the door. But he 
pushed in the door and asked her ''where her sannap. she say 
utele way walke, then he said you much ly. mee see almost 
rowly. he no come this night, mee sleepe heere to nig^t. heere 
at your fire,'' etc. At last she slipped out and went to her father 
Gage's house and when she saw the Indian gone, went home 
again. Sworn in court. 

^Warrant, dated Mar. 30, 1670, to John Webster, and to wit- 
nesses, Nathaniell Clarke, Abiell Somerby, Nicolas Noyse, Mr. 
John Woodbridge and Capt. Wm. Gerish, also to warn Daniell 
Perce, jr., and John Attkinson, at the same time, signed by 
Robert Lord,t clerk. 

Paper publicly read by John Webster, Feb. 13, 1669, as a 
complaint to the church: "Wheras m' Parkar & the brethren 
adhereing to him as he saith haue lately read or caused to be 
read in the publick congregation before the church & Towne a 
writeing wherin is conteined diuers charges (some Implicit & 
some explicit) vpon the brethen which they say are opposed 
vnto them, and that they say they are Justly offended with 
them for simdry scandalous practises by them comitted, who by 
their disorderly carriag, haue demeaned themselues unsutably to 
the order of the gospell, & irreuerently towards their pastor, in 
that they haue not attended his coimsell & declaration of the 
will of Christ, to the frequent breach of order in publick meet- 
ings, and for acting as a diuided body from their pastor, & the 
rest of the brethren voteing their acts as church acts, and pub- 
lishing them with other particulars presented to the coimcill 
lately assembled who determined & wee with them do Judge that 
such practicis are breaches of church order peace & unity, also 
you seeme to lay the Major part of the church vnder a censure 
and to deny Any further treating with them vntill they haue 

fAntograph. 



N 



N 



1670] RECORDS AND FILES 233 

reconciled themselues to their offended brethren by confessing 
such faults as you haue charged vpon them. 

"To theis things thus charged upon us, the major part of the 
brethren of this church adheering to Jesus christ and to his word 
do answer that wee do not Judg our selues guilty of those sins as 
you haue pubiickly charged vpon us, haueing dueiy examined our 
consciences & actions by the word of god, and therfor cannot 
approve of your proceedings therin, but doth conceive that you 
have proceeded therin besides the rule that christ hath giuen 
his church to walke by, and haue exercised lordship ouer gods 
heretag, by charging the major part of the brethren of the church 
as wee conceiue vnjustly with many sins, which you do not so 
much as name nor specify in any such way, as wherby we may 
know what they are, much lesse to be conuicted that we are guilty 
of such sins, but vnder generall heads of sins as that wee know 
not what they are for the generall of them, nor who are actually 
guilty of them, if any such should be committed by any of the 
brethem: therfor it cannot tend to conuiction or reformation of 
sin, but rather as wee conceiue it must proceed from some dis- 
temi)er of spiritts, and so to be accounted to cast an odium vpon 
us & upon the cause wee maintaine, wee do therfore conceiue 
that that writing is not r^ular, nor that || wch|| will stand with 
the rule of the gospell, to proclaime before the church and Towne 
that wee are sinners, and that you are Justly offended with us, 
before you haue used any due or regular meanes to conuict vs, 
or made any due proofe against us, that wee are such as you 
haue proclaymed vs to be, therfore wee take it to be a sentence 
before Judgment, the coiu*8est proceeding among men, we do 
therfore hereby testify that we are Justly offended with your 
irregular proceeding in casting such pubUck scandals vpon us 
without due cause & besids due order, and wee cannot satisfy 
our consciences, otherwise then to declare our dissatisfaction 
with your proceeding & shall take into due consideration what 
god doth further call for at our hands to beare further witness 
against such doings and for the reformation therof . 

"Also wee do beare witnesse against your two sermons out 
of mat: 18, 17 the one preached Jan: 30 the other febr. 2 wee 
conceiue you haue not followed the mind of christ, in seuerall 
things conteined in the same sermons, but contrary thervnto and 
contrary to the order of the churches established by the generall 
court contrary to the synod booke, contrary to the practise of all 
the churches in this Jurisdiction, tending to the breach of peace 
ciuill & ecclesiasticall, and haue its tendency to the imder- 
mineing & destroying of all church order allowed in this Juris- 
diction." 

Jo. Woodbridge* affirmed that the copy he delivered in the 
case of John Webster was a true copy of what Capt. Geerish 

*Antograph. 



L 




/ 



234 IFSWICH guABTERLT couBT [Mar. 

John Webster acknowledged a bond, with Wm. Tittcomb and 
John Emery, jr., as sureties. 

Capt. Paul White, Frances Wainwright and Thomas Bishop 
had their licenses renewed for a year. 

Edward Hassen had his license renewed for a year, also his 
license to draw liquors for a year. 

John Gould was licensed to draw cider and liquors for six months. 

Nicolas Vauden, for running away from his master Robert 
Grose, having been convicted formerly divers times, and stealing 
71i. 9s. from his master, also loss of time in piu*8uing him and 
bringing him back, was ordered to pay 401i. to his master, to be 
branded on the forehead with the letter R and to be severely 
whipped. 

Philip Fowler, complained of for refusing to assist the con- 
stable, was fined. 

John Death and his wife were fined for fornication before 
marriage. 

Thomas Balancher was fined for his offence in the meeting 
house. 

Samuell Goggswell declared in court that he was willing to 
dwell with his grandmother Gogswell imtil he should reach the 
age of twenty-one years. 

brought to him as the original delivered to him by Galeb Moody. 
Sworn in court. 

Gapt. Gerish's bill of cost in the complaint against John Web- 
ster, 31i. 15s. 

Abiel Somerby and John Atkinson made oath that the paper 
read in court was the same paper verbatim that Webster read 
in the church at Newbury. Sworn in court. 

Wm. Gerrish* testified that Webster said he should have the 
paper at Galeb Mody's, etc. Sworn in court. 

John Actison testified that he heard Gapt. Wm. Gerrish com- 
mand Galeb Moody to sign the paper and he said he would if he 
could have the paper which was in the meeting house, etc. Sworn 
in court. 

Richard Knight'*' affirmed that Robert Long and Benjamin 
Roffe told him that they never saw nor heard of the paper that 
was read, etc. Sworn in court. 

Nicholas Noyes* affirmed the same, and further that Georg 
Little said he never consented to it nor never would, etc. Sworn 
in court. 

^Autograph. 



1670] RECORDS AND FILES 235 

Stephen Grose, for contempt in not appearing to answer his 
presentment, was fined and ordered to appear at the next session.* 
The county stands indebted to the Treasurer, 3011. 17s. 
Five shillings were given to the house. 

Court held at Salisbury, Apr. 12, 1670. 

Grand jury: Isaac Perkins, foreman, Jno. Marian, Tho. 
Sleeper, Willi. Marston, sr., Tho. Webster, Tho. Barnard, sr., 
Jno. Weede, Nicolas Smith, Jno. Haseltine, Steven Webster, 
Jno. Ilsly, Henry Brown, Jno. Gill and Robert Smith. 

Jury of trials: Abraham Pirkins, foreman, Morris Hobbs, 
Jno. Cass, Tho. Levitt, Will. Buswell, Ephraim Winsley, Joseph 
Fletcher, Nicolas Lissen, Jno. Sinklar, Samll. Foot, Tho. Sargent, 
Peter Eyer, Joseph Jonson, Isaac Colby, Mr. Hen. Dearing, Lt. 
Georg Brown, Wm. Sargent and Tho. Nicols. Robert Swan in 
Hobb's case. 

Ensign Jno. Sambom and Henry Roby, in behalf of the town 
of Hampton v. Jno. Gilman and Jno. Young. Trespass. For 
coming upon their land at Bride hill near the country highway 
and for building upon said land after they had warning given 
them to forbear; also for disparaging the right of the town of 
Hampton and for endeavoring to convert the right or title of 
said land to themselves. Verdict for plaintiff. 

The WorshipfuU Samll. Symonds, gent., executor of the last 
will and testament of his son Samll. Symonds, jr. v. Robert 
Wadleigh. By whose gift said Samll. S3rmonds, sr., claims to 
have half his farm at Lampeele river, which Samll., jr., purchased 
of his brother Harlackinden S3rmonds, to whom Samll. sr., for- 
merly gave it; for entering upon and possessing their said farm, 
for building upon it, felling timber and sawing it into boards, 
etc. Verdict for plaintiff. Appealed to the next Court of 
Assistants.! 

*Isaacke Foster testified that upon a lecture day in sermon 
time he saw Stephen Cross and Thomas Deblanchet strike at 
each other and saw the latter's mouth bloody. Sworn in court. 

tEdward Hilton, sr., deposed that many years since he was 
present with Mr. Samuel Symonds, sr., when he came to take 
possession of his land at Lampry river, and this was before Mr 
Wadleigh's mill was built. The mill was built when Mr. Symonds 
marked the tree S. S., about where the flume of the mill is now. 



236 SALISBUBT QUARTBRLY COURT [Apr. 

Mr. William Symonds v. Robert Wadleigh. The defendant 
being called, Capt. Waldem and Mr. Job Clement made request 
to the court from said Wadleidg that the court would be pleased 
to grant him liberty until the evening to answer, intimating by 
them that he could not appear till then. Verdict for plaintiff. 
Appealed to next Court of Assistants. Appeal withdrawn. 

Tho. Philbrick v. Ralf Hall. Debt. For white oak pipe- 
staves which should have been delivered at Mr. Jno. Cutt's 
wharf by May 1, 1667. Withdrawn.* 

Capt. Walter Barefoot v. Antipas Maverick. For with- 
holding 201i. paid for him to Doctor Couch. Verdict for 

plaintiff.f 

Capt. Walter Barefoot v. Robert Wadleigh or Jonathan Thing 
for not prosecuting an appeal made by said Wadleigh from the 
Court of Assistants held in Portsmouth, Dec., 1668, to the next 
Ooimty court held at Dover or Portsmouth, upon the forfeiture 
of 2011. Verdict for plaintiff. Appealed to the next Court of 
Assistants.} 

Capt. Barefoot v. Joseph Davis. Review of an action tried 
, at Salisbiuy court, 13 : 2 : 1669, concerning taking away 2011. of 
said Davis' estate by an assigned execution. Verdict for defend- 
ant. Court did not concur.§ 

The tree is now gone. At that time there were also present 
Mr. Eppes, deponent's son Edward and others. Sworn, Apr. 
12, 1670, before Samuell Dalton,|| commissioner. Copy made 
by Tho. Bradbury, 1 1 recorder. 

Mr. Charles Hilton deposed that about nine or ten years since, 
he with Mr. Harlakinden Symonds built a house about twelve 
feet in length and eight feet broad, which stood within ten rods 
of the tree marked S. S., and it was covered so that men might 
lodge in it. Sworn in court. 

*Writ, dated Apr. 4, 1670, signed by Samll. Dalton,|| for the 
court. Bond of Ralph Hall|| and Edw. Smith.|| 

tExecution, dated 15 : 2 : 1670, signed by Tho. Bradbury, || 
recorder, and served by Abraham Drake, || marshal of Hampton. 

JWrit, dated Nov. 22, 1669, signed by Elias Stileman,|| for the 
court, and served by Saml. Levitt,} | constable of Exeter. Bond 
of Jonithen (his mark) Thinge. 

§Bond of Joseph Davis|| of Haverhill and Thomas (his mark) 
Davis of Haverhill, mason, dated Apr. 1, 1670, for Josef's 
appearance. Wit: George Browne|| and John Jonson.|! 

1 1 Autograph. 



1670] RECORDS AND FILES 237 

Morris Hobbs v. Peter Abbitt. For withholding pay due said 
Hobbs for wintering a mare in 1666-6 at SSs. Verdict for plaintiff. 

Tho. Mudgett was sworn constable for the town of Salisbury 
for the ensuing year. 

Henry Roby was allowed to keep an ordinary in the town of 
Hampton, and to sell beer, wine and strong waters by retail. He 
was bound not to suffer any townsmen's children and servants 
to he tippling in his house. 

Willi. Huntington was freed from training. 

Leift. Challis, Richard Currier and Wm. Barnes were approved, 
and sworn commissioners to end small causes in Amesbiuy for 
the ensuing year. 

Christian Dolhoff, presented for striking John Smith, was fined 
upon his confession. 

Abraham Brown was fined for rescuing his mare. 

Mr. Jno. Ra3mer took the freeman's oath, being approved by 
the General Court. 

John Osgood and wife Mary, for fornication before marriage, 
were ordered to be whipped ten stripes or pay a fine. 

Jonathan Robinson and wife Lidia, bound to this coiut by 
Mr. Sam. Dalton, for committing fornication, were ordered to 
be whipped ten stripes or pay a fine. 

John Hazeltine was ordered to deliver the cloth-workers' shears 
and the implements belonging to them that were left in his hands 
among the goods of Samll. Willcott of Haverhill, deceased, to 
the man of whom said Samuell bought them, if he had not b& 
yet been paid. He was fiui;her ordered to pay the man what 
more was due him beyond what the shears amount to, which were 
not appraised in the estate. 

Willi. Sargent and wife Mary, for fornication, were ordered 
to be whipped ten stripes or pay a fine. 

Mehetebell Smith, convicted for stealing several goods from 
her master Lt. Georg Brown and for running away from his 
service, was sentenced to be whipped ten stripes or pay a fine.* 

*Josef Paige deposed that he heard Elesebath Daves say that 
Mehitabell Heldrig had not stolen the scarf but that she, Mehit- 
abell would do it. Sworn, Apr. 11, 1670, before Nath. Sal- 
tonstaU,t commissioner. 

Mathew Clarke deposed that ''as Elesebeth Danes and I were 

t Autograph. 



238 SALISBURY QUABTERLT COURT [Apr. 

Jno. Hussey, presented by the grand jury for not frequenting 
the public ordinances of Christ on Lord's days, and convicted 
in his examination, using reproachful speeches against Mr. 
Gotten and his doctrine, was fined. 

Steven Hussey, Rebecka Hussey and Tho. Chase, presented 
for the same o£Fense, were to have a legal admonition. 

Old Goodman Marston's presentment was referred to the next 
Hampton court. 

Robert Wadleigh, Jonathan Thing and Joseph Davis were 
boimd for Rob. Wadleigh in his action with Samll. Symonds. 

Georg Carr, jr., Wm. Carr, Tho. Currier and James Freez 
took the oath of fidelity. 

Mr. George Carr engaged to keep the ferry at Almsbury at 
Mr. Goodwin's landing place upon the same terms that Mr. 
Goodwin kept it by order of Hampton court in 1668, which was 
granted by the General Court likewise. 

Ordered that Elizabeth, daughter of Edw. Cottle, should live 
with Thomas Bamett, sr., of Almsbury until she reached the age 

coming from the mell she told me as she feared non of them all 
about w* she had sead for the capten and hor onkell brown would 
bare hor out in it what she had sed." Sworn, Apr. 11, 1670, 
before Nath. Saltonstall,* commissioner. 

Josep Clarke deposed that he being at Elesebeth Dafes' grand- 
father's house, Bety Davess told Um, etc. Further she sent 
him "into my ante Sachell's house to call Bado to hor, and I 
did call him and he went out to hor in to y* street." And three 
nights when her grandfather's cows were come home and she 
should have milked them, she drove them from home a good 
way toward the east end of the town. Sworn, Apr. 11, 1670, 
before Nath. Saltonstall,* commissioner. 

Elizabeth Shurat deposed that coming to Danyel Ely's house 
she heard somebody say that Elesabeth Davise told that she 
knew who had the scarf, that it was not Badow but some other, 
and that Mehetabell Holdredge had taken linen clothes from 
her dame Browne, and said Mehitabell's mother did chide her 
very severely. That said Elisabeth was in love with Badow, 
etc. Sworn, Apr. 11, 1670, before Nathll. Saltonstall,* com- 
missioner. 

Lydr. Williams testified that Francis Bado "tendered mee a 
peice of Silke rolled up like vnto a scarff w^ I refused replying 
that I would not haue anything to doe w**» him." Sworn, Apr. 
11, 1670, before Nath. Saltonstall,* commissioner. 

^Autograph. 



1670] RECORDS AND FILES 239 

of eighteen years, when he should give her a suit of apparel. If her 
parents sent for her before she was eighteen, she was to be delivered 
to them, in case they pay meet recompence to said Bamet. 

Mr. Gotten, Mr. Sambom and Mr. Dalton, a committee 
appointed to audit the accounts of Robert Smith concerning 
Read's child, were given power until Hampton court next. 

Henry Brown was dismissed from all trainings, allowing ten 
groats a year to the military company of Salisbury. 

Tho. Barnard, sr., was allowed and approved of to keep an 
ordinary in Almsbery, and to sell strong beer and cider. 

Georg Martin's bond of 201i. for his wife's appearance was 
continued to Hampton court next. 

Allowed to Mr. John Gillman for five days' attendance upon 
a Hampton case, ten shillings. 

Ordered that so much of the land of Jno. Filbrick, late of 
Hampton, deceased, should be sold as would pay for what 
remained due for the bringing up of the children of said Phil- 
brick; also that the 91i. Is. 2d. due to Tho. Philbrick be paid 
in land as it was appraised in the inventory. 

Ordered that the administrators of Mr. Jno. Garleton's estate 
make assurance of the lands sold by Mr. Garlton or else to return 
what pay had been received. 

John Severance had his license renewed. 

Daniel Ela had his license renewed. 

Jno. Godfrey, convicted for profaning the Sabbath by unnec- 
essarily travelling from town to town and attempting to get false 
testimonies, was ordered to pay a fine. Godfrey appealed to the 
next Court of Assistants. John Godfrey, Peter Godfrey and 
Jno. Kimball bound. 

Daniel Ela of Haverhill was ordered and bound to answer to 
Jno. Godfrey at the next Court of Assistants. 

Ten shillings were allowed to the servants of the house. 

Court held at Ipswich, Mat 3, 1670, by adjournment. 

Samuel Hunt, in behalf of his wife, appealed from a sentence 
given by the Worshipfull Mr. Samuell Symonds about Sarah 
Roper, upon suspicion of theft wherein Mr. S3nnonds found a 
suspicion. Coiui; saw no cause to alter the sentence.* 

'^'Warrant, dated June 14, 1669, to Sara Roper upon complaint 
of Elizabeth Hunt for stealing a bodkin, a previous warrant hav- 



240 IPSWICH QUARTERLY COURT [May 

ing been issued in May last, ''and by reason of the extremity of 
the wether, I could not then come to Towne to hear the case," 
also to Lidea Bumham, Judith Browne and Mary Bumham, as 
witnesses, dated Jime 24, 1669, and signed by Samuel Symonds,'^ 
who ordered her to be brought to him, after the meeting, at his 
town house. ''Necessary occasions hindring the case being 
heard," another warrant was issued on Apr. 18, 1670. 

Elizabeth Hunt's complaint made before Samuel Symonds:^ 
"That the last Sabboth day (being the second day of may) my 
child stoode uppon the seat by me with my bodkin in his hande, 
then he stept of the seat in my lapp, laying hold on the waynscott, 
with the bodkin in his hande. and I saw the child d^op the 
bodkin downe. it glanct on the waynscott and soe I heard it 
gingle on the flore, betwixt Sara Day and the said Sara Roper. 
Then I saw the said Sarah putt downe her hande betwixt Sara 
Day and her selfe, where I saw it fall and I did apprehende she 
was taking it up to give it me; but she puUde up her hande againe, 
and with her other hande moved her stoole, and Sarah Day her 
chayer, both standing up, then the flore being cleare, & I seing it 
not wondred at it, suspecting then that the said Sara Roper had 
taken it up. soe being in tyme of exercise, I wished them not to 
trouble themselves, but lett it alone till after Sermon. Then 
afterward in the tyme of contribucon, I the said Elizabeth Hunt 
stood up looking over the waynscott, shewing my desire to have 
them looke a little for it. Then the said Roper stood up and 
moved her stoole againe seeming to looke for it, and laying one 
hand on the waynscott and poynting with the other said it were 
in that crack. Soe I then thought by her words she saw it, but 
could not get it. Then after the people were all gon I looked 
diligently for it, M*". Wilson being present but we could neither 
of us finde it." 

Copy of Sarah Roper's answer to the complaint made before 
Samuell Symonds:* "Whereas in your warrant you are pleased 
to charge me w*** stealing your bodkin, which is altogether false, 
I stole it not. And in your complaint you say you suspected that 
I had taken it up, in which supposition you are all much mis- 
taken, as you were in yo' charge, for I doe affirme that I tooke 
it not up, neither did I see it nor feele it, untill I came home 
and a Uttle before night, sitting in the howse, I was turning up 
the cuff of my sleeve, & feeling some thing there, pulled downe 
my cuff, & there I found a bodkin, which I p^'sently shewed to 
the folke in the howse, who read the name & said it was good- 
wife himts bodkin. And p'sently after, I spake to my brother 
to carry it, for I said may be the woman will be troubled for it. 
But he refuseing to carry it, the next morning I gave it to my 
sister, who delive'd it to her at the buriall of goodwife Whipple 
And when the people came to the burling place, I went to good- 

* Autograph. 



1670 RECOBDB ANB FILES 241 

man Smiths to see if [I] could see goodwife hunt to tell her that 
I had sent the bodkin by my sister but when I saw my sister 
there I thought she had given it her, & therefore said nothing 
to goodwife hunt. And as the bodkin was suddenly lost, soe 
it was suddenly f oimd & as speedily returned to the owner And 
therefore I suppose noe reason of charging me with it, or to 
make any complaint against me for it, by reason the owner re- 
ceived it without any damage, fiuther in case goodman himt 
had bene greived with me, I thinke it had bene his place to have 
complained, & not his wife likewise in case nothiii^ will please 
her, but she will goe about to prove me a theef, & that I have 
stolen her bodkin then, if I mistake not, she proveth her self acces- 
sory to the law, of what she would make me guilty of, in her 
receiving her bodkin without any due order of law. I doe fur- 
ther apprehende goodwife hunts complaint to be groimdles, for 
it is a meere contradiction as he that is wise may easely disceme, 
and we can proove an utter falsehood as to the case." 

Reasons of appeal, signed by Samuel Hunt,* and received, 
Apr. 27, 1670, by Samuel Symonds:* That the claim that the 
bodkin was found in her cuff seems to be impossible; also ''when 
the case was in Triall theare was such a clamor or tumaultious 
noisse: and such excleaming and derideing of us who did prose- 
cute. . .that his worship could not so thoraly understand the 
case... as he could if theare had bin better decorum"; and 
because he would take every means to "silenc the mouths of 
those: that are so redy to tacke the part of such who haue bin 
knowne to be such euell minded persons." 

Judgment of Samuel Symonds, dated Apr. 21, 1670, and bond 
of Samuel Himt, in behalf of his wife, and John Browne, glazier, 
to prosecute the appeal. 

Lidea Bumham, aged twenty-four years, deposed that she 
heard the bodkin fall, etc. Sworn, Jime 24, 1669, before Samuel 
Symonds.* 

Mary Bumham, aged about eighteen years, deposed. Sworn, 
June 24, 1669, before Samuel Symonds.* 

Mary Bumham and Johanna Bumham, aged sixteen years, 
deposed that Sarah Roper had on a dark colored serge waistcoat, 
with a limber, shallow cuff not lined, open at the top, which was 
not close to the sleeve but hung down. Also that after the stir 
had been made, the next time Sarah Roper went to meeting she 
had the cuff turned up a good deal higher, and they noticed it 
because Goodman Roper had said the bodkin fell into her sleeve. 
Sworn, Apr. 21, 1670, before Samuel Symonds.* 

Thomas Smyth, aged twenty-two years, deposed that Sarah 
Roper "came to our house & inquired for goodwif hunt, to tell 
her she had sent the bodkin to her sister Sparks, by her sister 
Betty." Sworn, Apr. 21, 1670, before Samuel Symonds.* 

* Autograph. 



242 IP8WIGH QUABTBBLT COUBT [May 

Stephen Croee, for strikmg in the meeting house, was fined.' 

Sarah Day, aged nineteen years, deposed. Sworn, Apr. 21, 
1670, before Samuel Symonds.* 

Martha Gilbard, aged twenty-one years, deposed. Sworn, 
Apr. 21, 1670, before Samuel Symonds.* 

Mary Waite deposed that speaking with Goodwife Hunt 
near the Major's gate, the latter told her. that she had been to 
talk with the Major about it, but he would not have an3rthing to 
do with it as he had been concerned with Sarah Roper before. 
The Major's wife said she should not come there to be examined, 
he adding, "my wife is afraid of her." Goodwife Hunt further 
said that going to Goodman Day's, she verily believed she saw 
Sarah Roper picking her teeth with her bodkin, etc. Sworn, 
Apr. 21, 1670, before Samuel Symonds.* 

Mary Dutch deposed that the Major advised Goodwife Hunt 
to go to Mr. Symonds. Deponent advised her to go to Goodman 
Roper but she said she would not, because they were "such 
high-spirited folkes." Further deponent told her that it was 
impossible for her to see so far as to see Sarah picking her teeth 
with the bodkin. Sworn, Apr. 21, 1670, before Samuel Symonds.* 

Robert Lord, marshal, deposed that he was at Mr. Baker's 
with Mr. Patten, the day Goodwife Whipple was buried, when 
Goodwife Hunt told him that she had been hunting in the crevices 
in the meeting house with Mr. or Mrs. Wilson. Also that it 
was either deponent's sister Sarah Day or Sarah Roper, who had 
stolen the bodkin, etc. Sworn, Apr. 21, 1670, before Samuel 
Symonds.* 

Elizabeth Dutch, aged twenty-two years, deposed as to her 
sister Sarah Roper finding the bodkin in her sleeve, and when 
deponent went to her sister's to help her bake, she gave it to 
Goodwife Hunt, etc. Sworn, Apr. 21, 1669, before Samuel 
Symonds.* 

Philip Fowler, jr., aged about twenty-one years, deposed that 
being at Walter Roper's house, Sarah asked her brother Nathaniel 
to take the bodkin to Goodwife Hunt, etc. Sworn, 19 : 2 : 
1670, before Simon Bradstreet, and copy made by Samuel Sy- 
monds.* 

Mary Goes, John Chapman, aged nineteen years, Elizabeth 
Wardwell, aged twenty-six years, Mary Bumham, aged eighteen 
years, and James Kinge, aged about eighteen years, deposed. 
Sworn, Apr, 21, 1670, before Samuel Symonds.* 

Walter Roper deposed that his daughter Sarah, etc. Sworn, 
Apr. 21, 1670, before Samuel Symonds.* 

Sarah Roper's answer, dated Apr. 29, 1670, to Goodwife Hunts' 
reasons of appeal. 

* Autograph. 



1670] BXCOBDB AND FILBS 24S 

Thamas Bragg and Edward CogsweU, for fighting in the meet- 
ing house on the Lord's day in time of exercise, were fined.'^ 

Christopher Bowles was fined, upon his presentment. 

Frances Willett and his wife, for fornication, were ordered to 
be whipped or pay a fine. 

Ann Chase, for fornication, was ordered to be whipped or pay 
a fine.f 

*William Cogswell and Susanna, his wife, deposed that Thomas 
Bragg came to their house after he had struck their son Edward, 
he being their neighbor and very good friend for all they knew, 
and said that he was provoked by others to strike him. Sworn 
in court. 

John Bumum, jr., deposed that on a Sabbath day at meeting 
he saw Samuell Cogsell disturb Thomas Brag by pulling him 
^'by the hat behind, and talked to him and said that he was 
proud of his new hat and said also that he should not need he 
was not such a pritty fellow and told him if he did but see him- 
self he would be ashamed, '' etc. Sworn in court. 

Samuell Cogeswell deposed. 

Thomas Page, aged about twenty-three years, deposed that 
said Bragg was writing the sermon, when Cogswell, who sat 
behind him, taimted him about his new hat, and Bragg threw 
back his hand and hit him on the nose, etc. Sworn in court. 

Samuel Cogswell deposed that he was sitting beside Thomas 
Bragg, when he hit Edward Cogswell, beat his head against the 
wall and made the blood fly out of his nose, etc. 

Thomas Andrews, aged sixteen years, deposed that he sat 
next to Edward Cogswell, etc. Sworn in court. 

Nathaniel Browne,t aged eighteen years, deposed that Cogs- 
well hit Bragg with a stick upon the legs, etc. Sworn in court. 

Thomas Low, jr., and wife Martha deposed that they had 
known Thomas Brag ever since he was^ bom and looked upon 
him as one of 'Hhe quietest young men in all oure ende: one of 
few words and Therfor the mos apt for to be abused by any one." 
They had lived near him for ten years and never knew him to 
strike any one, though he had had provocation. 

Edward Brag deposed that he saw Edward Cogswell ''idel at 
meting in sermond time going from one galiere to a nother very 
idle with a s[t]ike in his hand.'' Sworn in court. 

Nathanell Browne deposed that he saw him going from seat 
to seat with a stick in his hand talking and laughing with boys. 
Sworn in court. 

fElingnor Baily and Judith March, midwives, of Newbury, 
who attended upon Ann Chase on Nov. 23, 1669, deposed that 

I AntogrmplL 



244 IPSWICH QUABTERLT couBT [May 

Constance Longhome was ordered to pay a fine, upon her 
presentment. 

Hugh Marsh was licensed to sell liquors for a year. 

Thomas Jaquis was cleared by proclamation of his bond for 
appearance. 

Mighill Cresie dying intestate, court granted administration to 
Mary Cresie the widow, and an inventory of 521i. was pre- 
sented. There were four children, and court ordered the eldest 
son to have 81i. in the land at Salem, H it was worth it, and the 
others 41i. each, when they come to age, the widow to enjoy the 
rest of the estate. 

Mr. Thomas Gilbert was presented for suspicion of being 
overtaken with drink. Court saw cause to counsel and admon- 
ish him and ordered him to pay the witnesses returned by the 
jury.* 

said Ann told them that when she lived ''with Henry Wheeler at 
Salsbury as a servant, shee went from y^ house of her master 
tolodg at y^ house of Richard Hubberd & left this man John Allen 
in her masters house, and shee knew nothing of his coming from 
thence imtill hee met her by y* way as she was going to her lodg- 
ing," etc. She was at the point of death, and still affirmed she 
he^ told the truth. 

Elingnor Baily further said that said Ann had lived with her 
as a servant two years and she never saw any unseemly carriage 
in all that time. 

John Browne and wife Mary deposed that she lived with 
them a year, kept the house and did not go out nights, etc. 

♦On 30 : 1 : 1670, William Averell,t late constable of Tops- 
field, addressed the court, he having been charged with base 
carriages openly in the congregation for doing no more than he 
apprehended was his duty: "About the 14th of the 9* ™® last 
Mr. Gilbert being about to publish an order from the gen court 
for a day of thanksgiving as afterwards apeared: hee was pleased 
to say that one the 4^ of the next month the last generall court 
at boston had agreed upon|| or given order for | a day of thanks- 
giving wherupon one that was present Replyed Sir you mean the 
4*** day of the next week I being present saw there was a mistake 
in boath I acounted it my duty in conscience to my oth to endev- 
or to prevent furder inconnevience at that time and place: made 
bold to say it is the 4*** day of this week as I had ben informed 
to which m' gillbert Replyed I blesse god I am not drunk: o 
base base unworthy cariages to catch at a minastars words let 
them that are more godly and judicious speke that are church 

fAutograph, 



1670] RECORDB AND FILES 245 

Court being informed that the bridge and way in Newbury 
bounds from the bridge toward the meeting house and from the 
bridge toward Rowley being in many places very bad and danger- 
ous, Capt. Wm. Gerish and Daniell Pearce, sr., were impowered 
to see the said way, which is a country highway, sufficiently 
repaired and to call forth the inhabitants of the town of Newbury 
to finish the work. Any who refused should have their names 
retiuned to any magistrate and they should be bound over to 
answer at court. For mending the bridge the accoimt should be 
given of the cost, which was to be defrayed by the county. 

The complaint of Edward Brag against Sam. Cogswell was 
referred to the Worshipful Mr. Samuell S3nnonds and Major 
Genrll. Denison to settle. 

The treasurer was ordered to pay the constable, Mr. Willson, 
31i. 8s., for repairing the prison. 

Ordered that an attachment be issued for Henry Bachelour to 
appear at the September court for not coming to meeting, and 
another for John Leeds for contempt in not appearing. 

Mr. Baker had his license renewed for a year, also his license 
for drawing liquors for a year. 

Due to the constable of Ipswich from the county treasurer, 
5s. for prosecuting two hue and cries against two fellows who 

members If I haue desarued Justly to be soe villifyed in the face 
of an asembly for this cause I desire freely to leaue it to the 
court to determin." 

Isaack Comings, sr., and John Goold testified to the same. 
Sworn in court. 

Thomas Baker deposed that one day in the summer, on a sac- 
rament day the people waited a long time in the afternoon for 
Mr. Gilbert to come and many went away. When he prayed 
deponent perceived that he was distempered in his head for he 
repeated many things many times over and lisped. Then he 
went to singing and read the psalm so that it could not be well 
understood, then he went to prayer again. When he had done 
he was going to sing again, but being desired to forbear used 
these expressions, ''I bles god I find a great deall of comfort in 
it," and came out of the pulpit. He said to the people "I give 
you notis That I will preach amongst you no more." Sworn in 
court. 

Isaacke Cummings, sr., deposed that Mr. Gilberte was not as 
composed as he used to be, and after praying said "lett us singe 
the 153 psalme," but both in singing and reading was very much 



246 IPSWICH QUARTBBLY C0X7BT [May 

broke up the hold and ran away from a ship or ships from Pas- 
eataqua. 

Will of Wm. Powell of Salem, seaman, ''being bomid for Vir- 
ginia and times being Troblesome and dangerous/' dated Mar. 18, 
1666-7, in which he gave his "little estate God have given me in 
this world" to Hillyard Verren, sr., whom he appointed executor. 
Wit: Hanah Necke, Wm. Dunton and Henry West. Hanah 
Nick "now Pittman," made oath 9:1: 1669-70, and the other 
two witnesses, 7 : 12 : 1669, before Wm. Hathome, assistant, 
and it was allowed in court. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Wm. Powell, deceased, taken 13 : 
11 : 1669, by Christopher Babbidg and Henry West: Cloth and 
other articles in quantity, household utensils and furnishings, 
castor, 10s., wearing apparel, fish, etc., debts due from Rob. 
Glanfield, Pasko Foote, Joshua Ward, Good. Glanfield, John 
Grafton, Jeremiah Boorman; total, 761i. 13s. 9d. Due to Good- 
man Herrick, Gelbert Pester, Thomas Rix and Ed. Bush. [Origi- 
nal on file in the Registry of Probate.] 

Nuncupative will of widow Elizabeth Stace: She was to be 
buried in Ipswich, and gave to son Symon, " a bulock for the bury- 
all of me;" to son Thomas, a great Bible and a damask napkin; 

out of order so that the people could not follow. When the 
psalm was about half done, deponent stood up and saw three 
or four laughing, and he said, "Sir, I intreete you to forbare 
and proscede no further for we are very much out of order, for 
in thus doeinge we shall but take the name of god in vaine." 
Mr. Gilberte stopped, said he found much comfort in smging 
and bade deponent hold his tongue and to sit down and they 
would sing without him. Deponent sat down and Mr. Gilberte 
prayed again and when he began to sing the second time, depon- 
ent stood up and said, "Sir, you went first to prayer and then 
you did singe and then you went to prayer againe and now 
would you goe to singe againe certeynly you nether knowe what 
you say nor what you doe." Then Mr. Gilbert was very angry 
and ran away without giving the blessing. Sworn in court. 

Phebe Perkins, wife of Tho. Perkins, deposed that on sacra- 
ment day she was at dinner at Mr. Gilbert's and there was a cup 
with wine in it which was offered to Mr. Gilbert. He refused 
to take it at first, but afterward put the cup to his mouth, but 
she knew not whether he drank or not. Three more had the 
cup besides himself, and after he had dined he drank what was 



1670] RBCOBDS AND FIUBS 247 

to daughter Sarah Buswell, a velvet cushion; to daughter Susanna 
French, two pair of gloves; to daughter Mary Meaors, bed, 
blankets, pillows, etc.; to daughter Ann, for staying with her in 
her old age, two cows and all her household stuff. Wit: S3nnon 
Stace, Sarah Stace and Ann Stace. Court allowed it, although it 
declared it no will on account of no executor being named. Ad- 
ministration was granted to Symon Stace, Nov. 11, 1669, and he 
brought in an inventory. [Original on file in the Registry of 
Probate.] 

Inventory of widow Stace, appraised by John Whipple and Tho. 
Clarke, was allowed: Household furnishings and utensils and 
wearing apparel, etc., 291i. 28. [Original on file in the Registry 
of Probate.] 

Will of Steven Jordon of Newbury, dated Apr. 5, 1667; and 
allowed in court, it being ordered that the estate be left in the 
hands of the widow for her comfortable subsistence during her 
life: To daughter Crose of Ipswich, 151i.; to daughter Andrews 
of Ipswich, 151i.; to his wife, his house and land in Newbury 
during h)er life, and at her death to Steeven, son of Robert Crose, 
of Ipswich, his son-in-law; to wife, half his household goods; 
and to his two sons Robert Crose and John Andrews, the other 
half; Steven Crose to give to "his kinswoman & my grand-child 

left in the cup. Immediately after dinner he sang a psalm, and 
in reading it she thought his voice was lower than it used to be. 
Sworn in court. 

Sarah Gould deposed that being at Mr. Gilbert's house after 
sacrament at dinner time, she saw her brother Perkins bring 
the wine, empty it into the golden cup and ask Mr. Gilbert to 
drink. "M' GUbert did drinke to my Brother Perkins and bad 
him drinke to ould Goodwife Townes shee did put the cope to 
her mouth and set the cope doune and M' Gilbert take et the 
seckond time at diner and dranke et up for hee tomed up the 
cope and my bother Perkins tould mee the Golden Cope was 
about three quarter full I did see the cope offered to noe more 
then is aboue mencned and emedatly upon this I did see M' 
Gilbert eyes groe very dim and hee did sinke doune in his chare 
Lenig bake and after he had sat a while hee toke his psalme 
books to sing and his wife told him hee had not returned thankes 
o said he I haue for goot: he did retume thankes and sing a 
psalme after the same maner as hee did in the pulpit Clepping 
his words very short so as I could not understand him as soone 
as dener was don my sister Perkins and I went into the tother 



248 IPSWICH QUARTERLT couBT [May 

EHizabeth Andrews/' 51i. Wit: Susana Wheeler and Mary 
Poore. [Original on file in the Registry of Probate.] 

Inventory of the estate of Stephen Jordon, who deceased, 
Feb. 8, 1669, taken by John Merrill, Wm. Pillsbury, Wm. Sawyer 
and Anthony Somerby: House and land, 141i., domestic animals, 
wearing apparel, household furnishings and utensils, a great 
Bible, etc., 391i. 4b. 6d. Debts he owed, to Abell Merill, for work 
haying besides attendance on him both night and day for three 
years, to Daniell Merrill, to Nathaniel Merrill, for coffin and 
the funeral, lli., to John Knight; total, 91i. 19s. 6d. [Original 
on file in the Registry of Probate.] 

Will of Christopher Bartlet of Newborow, dated Mar. 14, 1669, 
and proved by the witnesses, Thomas Tewxbery and Wm. Tit- 
combe: To be buried in Newborow burying place; to son Chris- 
topher, 20 acres in the plain from Henry Tewxberyes fence and 
the boggy meadow, reserving for his wife Mary her thirds during 
her life, also half the house, and orchard when he comes to age; 
to wife Mary half the house and orchard as long as she remains 
a widow, also a cow; brother Richard and brother Titcomb to be 
executors; the remainder to his three daughters, Mary, Ann 
Martha and son Francis. Wm. Titcombe renounced his 
executorship and joined as a witness. [Original on file in the 
R^stry of Probate.] 

Inventory of the estate of John Hull, appraised Feb. 28, 1669 
by John Pearson and Thomas Thorla: Books, wearing apparel, 
household furnishings and utensils, 2 pair spectacles, domestic 
animals, 471i. 16s. [Original on file in the Registry of Probate.] 

Inventory of the estate of Mr. John Cogswell, appraised Dec. 
27, 1669, by John Bumam and William Hascall: Domestic ani- 
mals, tools, household furnishings and utensils, wearing apparel, 
furniture, 1151i. 19s. For the house and bam and ten acres of 
land, half the fruit of the orchard, keeping for ten head of cattle, 
lOli. per year, for the term of the widow's life. [Original on 
file in the Registry of Probate.] 

rome and presantly wee hard him vomit A: said my sister Perkins 
I wonder my Husban would aske him to drinke for I thinke hee 
had noe need of et: for sd my Sister Perkins the forst time hee 
toke the Cope I saw him drinke a good draft and as he went to 
the meting hous hee had Like to fale down and when hee Came 
into the pulpit, he went to prayer and prayed so brokenly clep- 



1670] RECORDS AND FILES 249 

Symon Tuttle and Thomas Clarke, jr., made oath in court 
that ''our father Cogswell did promise upon mariage that he 
would give all hee had & what he should more gitt unto his 
daughters Abigaill and Sarah, and they should have it when hee 
and his wife dyed." 

Thomas Clarke, sr., made oath in court to the same. 

Will of John Musselwhite of Newbury, dated Aug, 30, 
1669, and allowed in court: To John Mussellwhite of Bever- 
stock, Wiltsheare, old England, grandson of David Mussell- 
white, his brother, his house and whole estate, to be kept 
one year for him to come over. In case he did not come 
over, he gave half to his brother John Mussellwhite, sr., son 
to his brother David and the other half to Thomas Mussell- 
white and Edna his sister to be equally divided; Benjamine 
Roffe, executor; Richard' Knight and Thomas Hale, sr., over- 
seers, and also witnesses. [Original on file in the Registry of 
Probate.] 

Will of John Knight, sr., of Nubury, dated May 5, 1670, and 
proved by the witnesses Richard Knight and Thomas Hale, 
June 23, 1670, before Mr. Samuell Symonds and Major Genrll. 
Denison: To wife lOli. a year and the use of half of the house; 
to daughter Sara Bartlett, wife of John Bartlett, 401i., and if she 
leave no heirs, to son John Knights' children, except Joseph 
Knight; to daughter Mary Downer, wife of Joseph Downer, 801i., 
and grandchildren Joseph and Mary Downer, 201i. each; to 
Mary Downer land on south side of John Pike's land and also 
near the creek by Henry Jaquises land, also the lot at Plumbe 
Hand and two acres where they have built, land near son John's 
two acres on the way to New Towne that he bought of Nicolas 
Noyse, also a great new kettle, a pewter candlestick and a platter; 
to wife's grandchild, Thomas Haines, lOli., after his time is out; 
to son John, house and land testator then lived in, land near 

ping of the King Engliss as wee ues to say soe as I could not 
understand him and after prayer hee went to sing a psalme and 
named the hundred and fiufty thurd psalme and after a uery 
broken maner did sing," etc. He said he would never preach 
more in Topsfeild and desired the people to provide for them- 
selves. Sworn in court. 

Johanna (her mark) Towne, aged about seventy-five years, 
deposed that in the forenoon of that day, Mr. Gilbert adminis- 



250 IPSWICH QUABTBRLT 0OX7BT [May 

John Pike's and Henry Jaquisee, untU said John's son Joseph 
become of age, when the latter was to enjoy it; son John Knight, 
executor; brother Richard Knight, Thomas Hale, sr., and 
Nicolas Noyse, overseers. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of John Knight, sr., who deceased in 
May 1670, appraised July 6, 1670, by Thomas Hale, sr., Nicolas 
Noyse and Richard Dole: House, land, etc., 2201i.; wearing 
apparel, household furnishings and utensils, grain, trees, etc., 
3241i. lis. 6d. AUowed, June 2S, 1670, by Worshipfull Mr. 
Samuell Symonds and Major Genrll. Denison. [Original on file 
in the Registry of Probate.] 

Will of Thomas Dorman, sr., aged about seventy-eight years, 
dated Apr. 24, 1670, proved May 3, 1670 by the witnesses Lif- 
tenant Frances Pabodie and John How: To son Thomas, feather 
bed and bolster and iron pot, great timber chain and spanshackle; 
to son Ephram, rug and three blankets, two little pots, tramill, 
draft chains; wearing apparel to cousin Daniell Bradley; to son 
Thomas, all household stuff, half the land in Rowley, land 
bought of Mr. S3rmonds, etc., sheep, horse and bullocks; to 
son Ephraim, half the Rowley land, all land given him by 
Ipswich, land bought of Evan Morice, sheep and bullocks. 
Debts for work were due him from John Warner, Thomas Day, 
Robert Styles, Thomas Hobbs, John Morall, William Smith, 
Micall Donnill, Mathew Stanlye and Goodman Biggsbye. He 
owed Goodman Biggsbye, William White of Ipswich and Robert 
Colborne; son Thomas, executor. [Original on file in the Registry 
of Probate.] 

Inventory of the estate of Mighill Cresie of Ipswich, lately 
deceased, taken May 2, 1670, by Robert Lord and Edward Lomas, 
and allowed. May 3, 1670, upon oath of the widow Mary Crecie: 
Grain, wool, flax, baskets, wearing apparel, household furnishings 
and utensils, domestic animals, musket, sword, tools, etc., six 

tered the ''sacrement swetly unto us," and after sacrament at 
dinner was very temperate, she sitting next to him. If he were 
drunk, she believed it was with his distemper and not with drink- 
ing too much strong liquor, ''as sum so uncharitabely surmise 
against him." 

John Gould deposed concerning what he heard his sister Per- 
kins say, etc. Sworn in court. 



UnO] BS0OBD6 AND FILB8 251 

acres at Salem on Royall side, 621i. ITs. lOd. [Original on file 
in the Registry of Probate.] 

Inventory of the estate of Christopher Bartlett of Newbury, 
who deceased Mar. 15, 1669-70, taken Mar. 18, 1669-70, by 
Archeleus Woodman and Henry Tewksbury, and allowed Mar. 
29, 1670, in court: House, land at Artichoke, and Salsbury, 
domestic animals, wearing apparel, household utensils and fur- 
nishings, tools, firelock, musket, sword, etc., 1891i. 16e. [Original 
on file in the Registry of Probate.] 

CouBT HELD AT Salem^ 28 : 4 : 1670. 

Judges: The WorshipfuU Mr. Simond Bradstreet, Major 
Daniell Denison and Major Wm. Hathome. 

Jury of trials: Mr. Joseph Gardner, Mr. James Browne, Antho. 
Ashby, Thomas Gardner, Jno. Williams, Joseph Helton, John 
West, Jno. Newell, sr., Tho. Farrer, Jno. Burrell, William Bassett 
and William Hascall. 

Nicholas Maning, Nathaniell Putnam, Tho. Rootes and Wm. 
Haskall were chosen to serve upon the L3m action. 

The commoners of Marblehead v. Jno. Devorix. Trespass. For 
taking and fencing part of the town commons. Verdict for plaintiffs. 

Samuell Ward, James Smith and Richard Rowland v. Jno. 
Devorix, SamU. Morgaine, Edmond Gale, Richd. Read and Robt. 
Enight, formerly selectmen of Marblehead in 1667 and 68. Ver- 
dict for plaintiff. 

Jno. Devorix v. John Codner. For removing a landmark. 
Verdict for plaintiff. 

Jno. Devorix v. Mr. Moses Maverick and the rest of the pro- 
prietors in the farm called Mr. Humfryes farm. For non- 
performance of agreement in making up a parcel of fence. Ver- 
dict for defendant. 

Jno. Devorix v. Capt. James Smith. Trespass. Verdict for 
defendant.* 



*Writ of execution, dated June 6, 1670, against Mr. Moses 
Maverick, John Peach, sr., John Peach, jr., and Richard Row- 
land, to satisfy judgment granted John Devorix at Salem court, 
30 : 9 : 1669, signed by Hilliard Veren,t for the court, and 
served by John Devorickes,t deputy for Hen. Skerry,t marshal 
of Salem. 

tAutognph. 



252 SALEM QUABTERLY COURT [June 

Richard Flinder v. Jeremiah Bootman. Verdict for plaintiff. 
The house and land according to court order. Withdrawn.* 

Francis Axey, administratrix of the estate of James Axey, 
deceased v. John Pearson. Debt. Verdict for plaintiff. The bill 
to be paid in specie.f 

*Writ: Richard Flinder, in behalf of Jane, his wife v. Jere- 
miah Butman; for withholding the possession of a house and land 
in Salem, which formerly belonged to Henry Harwood, deceased, 
and now by order of court to Jane, wife of said Flinder; dated 
June 22, 1670; signed by Hilliard Veren,t for the court; and 
served by Henry Skerry,t deputy marshal of Salem, who attached 
the house and land that defendant lived in. Copy of records of 
the Salem court, dated 29 : 9 : 1664, 28 : 4 : 1664 and 28 : 
4 : 1670, made by HiUiard Veren,t cleric. 

Richard Flinder's bill of cost, 16s. 8d. 

Copy of the inventory of Henry Harwood, allowed 27 : 4 : 
1664, made by Hilliard Veren,t cleric. 

Deed, dated Nov. 1, 1669, from Elizabeth (her mark) Harwood,§ 
of Salem, widow, adininistratrix of the estate of Henry Harwood, 
Wm. Hathome,|| William Browne, sr.,{| and Edmond Batter J | 
selectmen of Salem, as by order of court 29 : 9 : 1664, for a val- 
uable sum paid for the use of said EUzabeth, to Jeremiah Boote- 
man of Salem, jGsherman, a dwelling house and one acre of land, 
which was said Harwood's house, butting against the South 
harbor in Salem, bounded west by Richard Flinder, formerly 
said Henry's, deceased, and north and east by John Beckett. 
Wit: Edw. Humber and John Beckett. Acknowledged before 
Wm. Hathome,t assistant. Recorded 18 : 11 : 1669, by Hil- 
liard Veren,t recorder. 

fWrit: Francis Axey, administratrix of the estate of James 
Axey V. John Pearsons; debt in English goods, four oxen, a cow 
and fifty shillings for former rent and rent for one year; dated 
June 18, 1670; signed by John Fuller, t for the court; and served 
by John Lewis, J constable of Line, by attachment of salt marsh 
and a piece in Reedy meadow belonging to defendant. 

Bond, dated May 12, 1669, given by John (his mark) Pearson 
of Lynn to Mr. James Axeye of Lyn for 141i., to be paid in Eng- 
lish goods or in com or cattle; he had also received of said Axeye 
two pair of oxen, one valued at 121i.; he was to return one pair^ 
paying an annual rental of 20s., and the other, 30s., said rent to 
be paid in cutting and carting firewood; he had also one cow at 
15s. per year to be paid in com, etc. Wit: Andrew Mansfeildf 
and Thomas Rix.} 

Letter of attorney, dated Jime 20, 1670, from Fransis (her 
mark) Axe^f administratrix of the estate of James Axe, deceased, 

t Autograpb* § SeaL 1 1 Aatograph and seal. 



1670] RECORDS AND FILES 253 

Thomas Mawle v. John Hartshome. Debt. Withdrawn.* 
Margaret Woodmancey v. Usewell Wardwell. For withholding 

her ri^t of dower. Verdict for plaintiff. Her thirds of the 

farm to be set out according to law.f 

her husband, to Joseph Armetage of Line. Wit: Samuell Tar* 
boxt and Joseph Fiske.^ 

Fransis Axes bill of cost, 2ii. 5s. 

Joseph Armitag, aged about sixty years, deposed that Fransis 
Axey sent him and Samuell Tarbox to Jolm Person to see if they 
coidd settle the matter, to demand 141i. and to tell him that he 
might keep the rest of the cattle upon hire. But he said they 
were a burden to him. Deponent demanded the amount of the 
bill to be paid upon May 12. Samuell Tarbox deposed the same. 
Sworn in court. 

♦Writ, dated 23 : 4 : 1670, signed by Hilliard Veren,t for the 
court, and served by Henery Skerry,t marshal of Salem. Bond 
of John Hartshomet and Tho. Cots.t 

tWrit: Margaret Woodmansey, relict of Mr. Robte. Wood- 
mansey, late of Boston, deceased v. Usall Wardell; for with- 
holding her thirds due by dowry in a certain farm in Ipswich 
sometime the inheritance of said Robte, and now in the posses- 
sion of said Wardell; dated 8:4: 1670; signed by Simon Brad- 
streete,]: assistant: and served by Robert Lord,t marshal of 
Ipswich. 

James Fuller of Ipswich, aged about twenty-three years, 
deposed that he having power of attorney from Mr. Joseph Emer- 
son, attorney to Mrs. Woodmansey of Boston, relict of Mr. Robert 
Womansey, late of Boston, demanded of Isewell Wardell of 
Ipswich and William Avery of Topsfield the widow's thirds, 
^o he was present with Col. Crowne the last day of May and 
heard him demand it of Tomas Boamom, jr., of Ipswich "for 
A pcell of Land he sold that was m' woodmanseys w^*^ he said 
his father bought of y* said Woodmansey & gaue him.'' 
Sworn, June 25, 1670, before Samuel Symonds,t assistant. 

Letter of attorney, dated May 29, 1670, from Margret Wood- 
manse§ of Boston, widow, to Col. Willi. Crowne. Wit: Wil- 
liam Coggeshall.t Acknowledged, May 29, 1670, before Edw. 
Tyng,t assistant. 

Mr. Robert Woodmansey, late of Boston, deceased Aug. 13. 
1667. Copy of record made by Ikiw. Rawson,t recorder. 

Mrs. Margeret Woodmonsey's bill of cost, lli. 8s. 6d. 

Robert Lord, aged about sixty-seven years, deposed that the 
farm of Usuall Wardell was granted to Mr. Woodmaosie by the 
town of Ipswich and that he possessed it several years before he 

t Autograph. § Autograph and teal. 



264 SALEaf QUABTBBLY oouBT [June 

Erasmus James v. Joshua Codner, Jon. Cliements and Tbo. 
Herson. For security for the payment of about nineteen pounds. 
Verdict for defendant.* 

went from Ipswich to Boston. Also that this widow was married 
to Mr. Robert Woodmansie before he removed to Boston. John 
West of Beverly testified the same. Sworn in court. 

Deed, dated 18 : 10 : 1655, Robert Woodmansie, school* 
master at Boston, quit claim to Thomas Bishop of Ipswich his 
interest in his farm in Ipswich containing 100 acres, bounded on 
the south by Mathew Tipple's farm, on the east by mile brook, 
and north and west by Richard Jacobs' farm. Wit: Nathaniell 
Bishop. Acknowledged before Ri. Bellingham, deputy gov- 
ernor. Copy made, June 25, 1670, from the first book of records 
for lands in "Essex, at Ipswich, by Robert Lord,t recorder. 

* Writ, dated 8:2: 1670, signed by Hilliard Veren,t for the 
court; and served by Wm (his mark) Nicke, deputy for Eras- 
omus James,t constable of Marblehead, by attachment of a shallop 
belonging to defendant. 

Robert Hooper, aged about fifty years, deposed that he heard 
Erasomus James say, "neibour Josias Codner if yo' can gitt a 
roade and a Compass to goe to sea w^ all and Can gitt Rob* 
Hooper meaning m3rselfe that am or is a towne liuer to goe in 
y^ boate y^ then y^ said Era^iomus said that hee would release her 
and stay till it pleased y lord hee and they should take fish." 
Also that the boat was rigged and fitted by said Codner, who did 
not provide a rode nor compass, and was not in capacity to make 
a voyage, etc. Sworn, 27 : 4 : 1670, before Wm. Hathome,t 
assistant. 

William Edwards, aged about thirty-two years, deposed that 
the boat or shallop that Erasomus James rebuilt for Jon. Cle- 
ments, Josias Codner and Tho. Herson, was completed as to her 
hull and finished according to the judgment of himself and others 
in the carpenter work as said James was engaged by covenant to 
do. It was laimched about the first or second day of April, 1670, 
and was in the hands of Codner a fortnight or ten days before it 
was attached by said James. Further that Codner commended 
the workmanship, etc. Sworn, 27 : 4 : 1670, before Wm. Hath- 
ome,t assistant. 

Agreement between Erasomus James of Marblehead, car- 
penter, and Josias Codner, John Clements and Thomas Hewson, 
all of Marblehead, that said James was to rebuild a shallop one 
whole strake higher than her first build, to pull out what planks 
were necessary, either imder or above water, and put in new, to 
seal it, make up the rooms and do all other ax work within board 
and without fitting for the sea, excepting anchor stocks, oars, 

t Antognph. 



1670] RECORDS AND FILES 255 

Joseph Bowed v. Peeter Miller. Review. Nonsuited. 
Richard Reade v. Erasmus James. Withdrawn.* 

masts, yards, tiller and chimney. He was to find all plank, tim- 
ber, oakum, tar, boards, speecks, nails and to finish the work as 
soon as pc^ible, ''god sending him life helth & coveuiant weather 
to worke in." He was not to take any other piece of work to 
hinder him from doing this, except for a day or two at a time, and 
was to be paid 171i. sterling in the spring of 1670 at a convenient 
stage at Marblehead, in dry and refuse cod fish, before June 
25. 

Thomas Ellis, aged about thirty-seven years, deposed that he 
asked the company to give a guarantee that the money would 
be paid so that he might have his wages and told them that a 
writing had been drawn up and lacked but their signatures, etc. 
Sworn, 28 : 4 : 1670, before Hilliard Veren,t cleric. 

Edward Bennit, aged about sixteen years, deposed that the 
first day that James worked on the boat, said Clements and 
Codner came to James' house where the agreement was read, 
and they promised to sign it. 

Georg Darlin, aged fifty years, and John Farbish, aged about 
forty years, deposed concerning the agreement, and that the 
fish was to be delivered "at weighing time." Sworn, 16 : 3 : 1670, 
before Wm. Hathome,t assistant. 

WiUiam Edwards, aged about thirty-two years, testified that 
he heard John Clements and Thomas Herson say that they wished 
the devil had the boat, that she was in a "light fire " and they would 
never have an3rthing more to do with her. Sworn, 27 : 4 : 1670, 
before Wm. Hathome,t assistant. 

John Roads, sr., aged about forty years, deposed that John 
Clements told him that the boat was in a "wild fire," and when 
asked how £lrasomus James was to be paid for his work, he said 
that James had the boat in his custody and he could take her for 
his pay. Sworn, 27 : 4 : 1670, before Wm. Hathome,t assistant. 

Robert Hooper, aged about fifty years, and William Eklwards, 
aged about tlurty-two years, deposed that Josias Codner often 
importuned him to go with the boat out of this jurisdiction, 
down to Cape Cod or to Norsitt or to Munhigin either fishii^ or 
trading, but they would not consent to it. Sworn, 27 : 4 : 1670, 
before Wm. Hathome,t assistant. 

"^Writ: Richard Read v. Erassamus James; debt due from 
Jane James, deceased, in her life time; dated 23 : 4 : 1670; 
signed by Hilliard Veren,t for the court; and served by John 
Williams,t deputy marshal of Salem^ by attachment of the 
land of Eroeomus James that was formerly his mother^ Jane 
James's. 

t Autograph. 



256 SALEM QUARTERLY COURT [June 

Nathaniell Putnam and Joshua Ray, attorneys of Edmond 
Ashby V. Samuell Graves. Verdict for plaintiff.* 

Nathanll. Putnam and Joshua Rea, attorneys of Edmond 
Ashby V. Samuell Graves. Non-performance of indenture. Ver- 
dict for defendant.t 

*Writ: Nathaniel Putnam and Joshua Rea, attorneys of Ed- 
mond Ashby V. Samuell Graves of Ipswich; for withholding a 
debt; dated June 12, 1670; signed by Hilliard Veren,} for the 
court; and served by Henery Skerry, { marshal of Salem, by 
attachment of house and land of defendant. 

Thomas Bragg deposed that he heard Edman Ashbee say 
''that he asked his master graves leaue to goe to his master porter 
or Josuah raye to git him a master and if he did not com that 
night or the next then he might send a huen & cry after him." 
Timothy Bragg deposed the same. Sworn, June 25, 1670, before 
Samuel Symonds.t 

Joshua Rea deposed that William White delivered to Samuell 
Graves two indentures belonging to Samuel Graves, and Edmund 
Ashby and deponent read them both and he saw no difference in 
them. One was signed by Samuell Graves and the other by 
Edmund Ashby. Further said Graves told him that he had 
received 151i. of said Ashby when his time begun and was to pay 
it at the end of his four years, etc. Sworn in court. 

Nathanel Putnam's bill of cost, 21i. Is. 8d. 

t Writ, dated June 12, 1670, signed by Hilliard Veren,t for the 
court, and served by Henery Skerry,t marshal of Salem, by 
attachment of house and land of defendant. 

Saml. Graves' bill of cost, 14s. 6d. 

Summons, dated Jan. 18, 1669, for William White's and Thomas 
Lovell's appearance at the meeting house at Ipswich to testify 
in an action brought by Ashby, concerning a debt of 151i., signed 
by Samuel Sjrmonds.J 

Willm. Whitet deposed that Edmund Ashby was bound by 
indenture to Samuell Graves to learn the trade of feltmaker and 
at the end of four years, his master was to pay him 151i. Sworn, 
Jan. 20, 1669, before Samuel Symonds.} 

Edmund Ashby| certified to the agreement between himself 
and Samuell Graves. Wit: John (his mark) Wyat and Willm. 
White.t 

Indenture, dated Sept. 18, 1665, between Eklmund Ashby of 
Ipswich and Samuell Graves of Ipswich, hatmaker, to serve said 
Graves and ''his secrets shall keepe, his Comandements lawfuU 
and honest eury where shall doe; Fornication in the house of his 
said Master or elsewhere he shall not committ, hurt to his said 
Master he shall not doe nor Consent to be donne, but hee to his 

} Autograph. 



1670] RECORDS AND FILBS 267 

power shall lett, or speedily his Master to ¥^ame; Tauemes or 
Alehouses he shall not haunt, Except it be about his Masters 
busines there to be donne, At the Dice Cards or any other Un- 
lawfuU Games he shall not play. The goods of his said Master 
he shall not waste, nor to any man lend without his Master's 
license; Matrimonie within the said towne he shall not Contract/' 
etc. Wit: John (his mark) Wyatt and Willm. White.* 

An account of the clothes that Edmund Ashby received of his 
master while he lived with him: A paire of shooes, 7s. 6d.; one 
pair of drawes, 68.; one pair of breeches, 13s. 6d.; two shirts, 
and the making, 18s. 6d.; 3 paire of stockins, old and new, 10s.; 
7 yards of stuffe, at 5s., 111. 15s.; Ribbens and buttens, Ss.; mak- 
ing up that 7 yards of stuff, 78.; 3 1-4 yds of kerzey, 22s. 9d.; 
buttens, silke and making, 5s.; paire of lining3 and making 2 
yards, 6s.; a penny stone waskoate and making, 128. 9d.; silke 
neckcloth and makeing, 12s. 6d.; a paire of shooes, 7s. 6d.; a 
hatt, 7s.; a weekes work to himselfe in harvest, 12s. 

John Annaball, aged about twenty years, deposed that the 
stuff and cloth mentioned in the foregoing account were all made 
in his master Ensign French's house. Sworn, June 25, 1670, 
before Daniel Denison.* 

Wilhn. Hayward deposed that when Ashby went to Graves', 
the latter agreed with him to instruct him in the work, deponent 
being then a journeyman, and that one able to work and to endure 
it as Ashby did was worth at least ten or twelve pounds by the 
year besides meat, drink and clothing. Further, that said Graves 
was a great sufferer for want of him and deponent knew that the 
reason his master yielded and let him go was because of his cross- 
ness. All that A^hby brought to Goodman Graves were two 
cows, which was only to repair his apparel which was then very 
mean and poor. He told deponent that he could make a hat 
sufficiently, and braggingly used these words to his master, etc. 
Sworn, June 24, 1670, before Daniel Denison.* 

Letter of attorney, dated June 27, 1670, given by Samuell 
Graves J to John Pickard of Rowley. Wit: Willm. White* and 
John Anabell.* 

Laurence Clenton, aged about twenty-four years, deposed that 
when they were at work together at Scot^s hill, he heard Edmund 
Ashby say that he could make a hat as well as his master. 
Sworn, June 24, 1670, before Daniel Denison.* 

Letter of attorney, dated Mar. 22, 1669-70, given by Edmond 
Ashby,* now of Boston, formerly of Ipswitch, aged about twenty- 
seven years, to Nathanell Putman and Joshua Ray, both of 
Salem, yeomen. Wit: William Ireland,* Gershom Davis* and 
Willm. Howard.* Sworn before E Clarke,* commissioner. 

John Dane, aged about fifty-seven years, deposed that Joshua 
Rea and Edmund Ashby came to his house and desired him to go 

* Autograph. t Autograph and seal. 



258 SALEM QUARTERLY COURT [Juue 

Jno. Dodg and Bice Eklwards v. Selectmen of Ipswich. 
Review. Nonsuited.* 

up to Graves' house, "being I was intimate with him," to see if 
deponent could help to get him off for he feared he would be 
dealt with hard. Ashby was minded to leave his master, etc. 
Sworn, June 24, 1670, before Daniel Denison.f 

Willm. White of Ipswich, aged about sixty years, deposed that 
it was his mistake when he wrote it, that 151i. 5s. was written 
into the indenture when his neighbor Graves received but two 
cows. Also that there were two indentures about the same and 
they were conmiitted to deponent to keep. When Ashby left, 
the indentures were produced and he made another by which he 
understood that the previous one became void, etc. Sworn, 
June 24, 1670, before Daniel Denison.t 

Mary, daughter of Samuell Graves, aged fifteen years, deposed 
that Ashby said if his master would not give him his time he 
would run away. Also commonly on the Lord's days when he 
went to put on his best clothes, he would be quarrelling and say- 
ing they were not good enough for him. When Goodman Rea 
came and persuaded him to stay with Graves, he said he could 
not settle his mind to do so. Sworn, June 24, 1670, before 
Daniel Denison.t 

Tho. Lovell deposed that Ashby "would goe Hansome in 
eloathes he would haue fine pound of his pay againe to Buy him 
a Hansome sute of cloathes," etc. Also Ashby told deponent 
that Graves made him sit up so late at work at night that he 
could not endure living with him any longer, for if he did he 
would be blinded because his eyes were so exceeding sore. Fur- 
ther, that he would forswear the trade, if his master would let 
him go. Sworn, June 24, 1670, before Daniel Denison.f 

Nathaniel Rust, aged about twenty-nine years, deposed that 
Edmund Ashby came several times to his house and asked him 
to buy some wool because he intended to set up the trade of 
feltmaking. He further said that rather than serve out his time 
he would he in jail. Sworn, June 24, 1670, before Daniel Deni- 
son.f 

* BiU of costs for the selectmen of Ipswich, 17s. 

Tho. Lovell deposed that he and Ensinne Howlett were chosen 
by the selectmen of Ipswich to run the line with Wenam men in 
1669, and they ran it till they came to a swamp against Edmond 
Patch's house, where they could not well get over the swamp. 
There was but one tree more that had been marked at the first 
agreement on the other side of the swamp. Said Patch told 
them that he knew where the bound tree was on the other side 
of his swamp by his meadow side. Ensigne Howlett knew the 

t Autograph. 



1670] BBCOBDB AND FILES 259 

Mordecaie Craford v. Steephen Haskett. For abuse to his 
daughter. Withdrawn.* 

Nehemiah Jewet v. George Gettings and Bobt. Lord, sr., 
selectmen of Ipswich, in the name of the rest. Verdict for plain- 
tiff. His title to the commonage of Ipswich.f 

tree and said that he with Mr. Cunnant marked that tree above 
twenty years ago when they made the agreement first with Salem 
men. Then with Wenham men they ran the line two miles 
further eastward. The seven trees felled which were now in 
controversy are within Ipswich bounds, some forty and some 
twenty rods from the hne. Tho. Howlet, Nicolas Marble and 
Cornelias Kent deposed the same. Sworn, June 28, 1670, before 
Daniel Denison.} 

Seth Story, aged twenty-three years, deposed that he, Ensigne 
Howlett and Thomas Lovell ran the line with Wennam men in 

1669, etc. Sworn in court. 

Cornelius Kent deposed concerning the line. Sworn, June 28, 

1670, before Daniel Denison.} 

Thomas Howlett of Ipswich deposed. Sworn, June 27, 1670, 
before Daniel Denison.t 

*Writ: Mordecaie Craford v. Steephen Haskett; for abuse 
to his daughter Susana; dated 23 : 4 : 1670; signed by HiUiard 
Veren,t for the court; and served by Henery Skerry,t marshal 
of Salem, by attachment of land of defendant. 

t Writ: Nehemiah Jewett v. Georg Gittings and Robt. Lord, 
sr., selectmen of Ipswich; for withholding his privileges upon the 
common of Ipswich by virtue of a house lot, pretending power 
to cut off house lots from any former right that had not houses 
erected on them at the time when they made the pretended 
order; dated June 23, 1670; signed by Robert Lord,t for the 
court; and served by Jeremiah Jewet, t deputy for Robert Lord,t 
marshal of Ipswich. 

Nehemiah Jewett's bill of cost, lli. 17s. 8d. 

Robert Lord,} cleric, testified that Maximilian Jewett, in 
behalf of the two younger children of Mr. Joseph Jewett, "had 
a devission lott, and therby was acknowledged a comoner Layd 
vnto the house acording to m' Joseph Jewett reserved from the 
house he brought of Nathaniell stow & sould it vnto Wm. Buck- 
ley & the lott is recorded to the sayd maxi in the Towne booke 
of Ipswich." 

Philip Nelson, § Jeremiah Jewett § and John Carleton,§ 
administrators of the estate of Joseph Jewet, conveyed the fore- 
going division, 28 : 1 : 1665, to Jeremiah Jewett, who with 
Willmm Bormont and Twiford West,t as witnesses, acknowledged 
this writing, June 23, 1670, before Samuel Symonds,^ assistant. 

{Autograph. § Autograph and seal. 



2B0 SALSIC QVABTSBLT COURT [June 

Walter Fairefeild v. Selectmeik of Ipswich. Appeal from the 
judgment of the Worshipfull Major Daniell Denison. Trespaaa. 
Verdict for plaintiff. Reversion of the former judgment.* 

Jno. Pickard of Rowley, aged about forty-eight years, deposed 
that after the decease of Mr. Jewett, he being guardian for 
Nebemiah Jewett was present at the division of his land. 
N^emiab's share fell part in the bounds of Ipswich, a large 
tract of four score acres, which when they accepted it they 
Uiought might be convenient to build on and asked for a com<- 
monage that Mr. Jewett bought of Nathaniell Stow. The exec- 
utors promised it to them but did not enter it in the division 
because they had not then examined whether Mr. Jewet had 
sold it when he sold the house and house lot. Afterward when 
deponent heard that Ipswich had by an act cut off all from any 
right upon commons that had not houses erected on them, as 
Nehem^'s guardian, he felt that he must protect him. He 
concluded that it was recoverable and that no town act could 
take it away, once being a real right, for it would be quite con- 
trary to the laws of the General Court law book, page the first. 
Sworn in court. 

Edward Lummass, aged about sixty-four years, and Jeremiah 
Jewett, aged about thirty years, deposed that they were present 
at a town meeting and selectoien's meeting when Nehemiah 
Jewett by petition demanded his right and they denied him the 
right of a commoner. Sworn, June 23, 1670, before Samuel 
Symond8,t assistant. 

Wm. Buckley deposed that when Mr. Joseph Jewett sold him 
the house that he had purchased of NathanieU Stow, he reserved 
the commonage for a house he had built or was building to lay 
to that house, which house stands a little on the right hand of 
the way as we go to Rowley "upon the hill before we come to the 
River or bridge we goe over." Sworn, June 28, 1670, before 
Daniel Denison.t 

John Gage of Merrimack deposed that there was an ancient 
town order in the town of Ipswich which stated the commonage 
to the house lots built upon and that the lot of Mr. Pittneyes 
now in controversy was an ancient grant. Sworn, June 22, 1670, 
before Nath. Salton8tall,t commissioner. 

Roger Lancton deposed that Mr. Pittneyes lot was an ancient 
lot at the beginning of the town before any particular order was 
made about commonage. Sworn, June 22, 1670, before Nath. 
Saltonstall,t commissioner. 

* Walter Fayerfield's bill of cost, one day going to Maj. 
Denison's, one day for Charls Gott and Thomas Whit going to 
Ipswich, etc., total, lli. 6s. 

t Autograph. 



1670] B8C0BD6 AND FILES 201 

John Woolcott V. William Harriseon. Verdict for defeod- 

ant.* 

— . ■ _ - . . — ^^ . — -- ■ - - — 

*Writ: John Woolcot v. William Harrison; forfeiture of a 
bond of arUtration, for not fulfilling the award given in by Wil- 
Uam Titcom and Jonathan Platts, arbitrators chosen to end all 
differences between them; dated Apr. 19, 1670; signed by Jonath. 
Negus,t for the court; and served by John Marion^f constable of 
Boston, who for want of bail committed him to prison. 

Francis Brown deposed that he was present when John Will- 
coott a£(ked John IQiight when he would attend the arbitration 
which was ordered by the court and he answered that he could not 
attend to it, because he was to go to Boston. This was the 
week before the election. Sworn, Jan. 25, 1670, before Bobt. 
Pike,t commissioner. 

Fransis Thorla and Thomas Thorla, aged thirty-five years, 
deposed that they were present and saw the bond of arbitration, 
dated Oct. 22, 1669, signed and delivered. Sworn, Jime 25, 
1670, before Robt. PLke,t commissioner. 

William Hareson's bill of cost, 21i. 2s. 3d. 

Francis Thurla and Thomas Thurla deposed that they heard 
the award made by William Titcum, Jonathan Plates and Henry 
Jaquis, etc. Sworn, also by William Titcum, 15 : 4 : 1670, 
before Robert Hke,t commissioner. Copy made by Hilliard 
Veren,t cleric. 

Henry Jaquis of Nubery deposed that he never agreed with 
the other two arbitrators concerning paying John Woolcott 81i., 
because he could not see that he was legally his servant, because 
he came cdmost naked from him whereas he was by indenture to 
have good double apparel, ''and that he did faithfully ingage to 
doe his vtmost indeauoar to teach him the trade of a carpenter 
& that he should work constantly with him at the trade, besides 
many sufferings for want of cloathes in winter & other siifferings, 
there proued, & I tould them yf it was my child I should look 
upon him as imdon, to be lett run at random & not to be k&pt 
in som lawfull caling & that he had done him more wrong then 
he would euer be able to make him amens," etc. Sworn before 
Daniell Denison. Copy made by EQlliard Veren,t cleric. 

Bond of arbitration, dated Oct. 22, 1669, by which John Wool- 
cott and William (his mark) fiarrisson, servant of said Woolcott, 
agreed to submit to the award. Wit: Tho. Thurlo and Frances 
Thurlo. Copy made by Hilli£U*d Veren,t cleric. 

Award of the arbitrators, signed by William Titcum and Jon- 
athan Plates, dated Oct. 26, 1669, that said Harrison should 
pay said Woolcott 81i. in com or cattle or service to this amount. 
Wit: Tho. Thurlo and Francis Thurlo. Copy made by Hilliard 
Veren,t cleric. 

fAatograph. 



262 8ALEM QUABTEBLT COUBT [June 

Selectmen of Lyn, in behalf of the town v. Edward Richards. 
Verdict for plaintiff. Title to the land in controveny.* 

Joseph Armitage, assignee of Samuell Benet v. Mr. Jno. Bex 
& Co. and Mr. Jno. Gifford, their attorney or agent. Review. 
Verdict for defendant. Mr. Gifford was allowed costs for his 
attendance to answer another action which plaintiff did not 
prosecutcf 

* Writ, dated June 22, 1670, signed by John Pidler,t for the 
court, and served by John Newhall,t constable of Line. 

Warrants, dated June 22, 1670, for Edward Richards' appear- 
ance for assaulting the selectmen of Line upon the town common, 
laying claim to the land and standing there with a club to defend 
it, and for fencing in the common, signed by John Fuller,^ for 
the court. 

Slunmons, dated 24 : 4 : 1670, to Mr. Oliver Purchas, William 
Craft, Mr. John Blanoe and William Wilson as witnesses, signed 
by Hilliard Veren,t for the court. 

Line's bill of charges, 21i. 19s. 

Copy of a record of a general town meeting at Lynn, 15 : 12 : 
1669: "The Select men had power giuen them by y* Towne to 
rectify all Incroachments that Appears vnto them to bee In- 
croachments and the Towne was to satisfy them for all their 
trouble and expences both of estats and time they did expend 
aboute the s"^ Incroachments." Copy made 23 : 4 : 1670, by 
Thomas Laughton,} cleric. 

Copy of a record of a town meeting held at Lyn, 12 : 11 : 
1663: '^Capt. Marshall had a peecs of common graunted him 
(neare his house) by his request to make a pasting off for a high- 
way w^ he graunts to the Towne to goe by his house and soe 
through his land to the Towns common for the Towns use for 
euer without any molestation." Copy made 23 : 4 : 1670, by 
Thomas Laughton,t cleric. 

Henry Collins, rt., and William Croft testified that the land as it 
lay was not worth more than five or ten shillings. Sworn in court. 

Capt. Thomas Marshall testified that when he exchanged land 
with Lyn, Allen Braide, sr., and Henery Collings, sr., were chosen 
by the town to lay it out, and they all agreed that the boimds 
should be as the old fence stood, etc. Sworn in court. 

Allin Braide, sr., and Henery Collings, sr., deposed that Ekiward 
Richards had fenced in a part of his highway. Sworn in court. 

Thomas Farrer and Roberd Potter deposed that the land 
was worth 51i. and was about half an acre. Sworn in court. 

fWrit, dated Jime 21, 1670, signed by John Puller,t for the 
court, and served by John Lewis,t constable of Line. 

^Autograph. 



1670] RECORDS AND FILES 263 

Henry Benet v. John Palmer. Debt. Verdict for plaintiff. 
Mr. Bartholmew Gedney v. Tho. Deamont and Samuell Ray- 
ment. Verdict for defendant.* 



Warrant, dated June 21, 1670, to Mr. John Bex & Co., and 
Mr. John Gifford, in an action of debt, with forbearance at eight 
per cent, since 1655, signed by John Fuller,t for the court. Also 
another warrant, dated June 21, 1670, in an action of review. 

John Gifford's answer : That he is not now attorney for John Becx 
& Cov as he was formerly, others being here now in that capacity; 
that notice of the suit had not been given according to law, etc. 

John Giffords' bill of cost, 6s. 

Copy of writ, assignment, award of the arbitrators and the 
record of Ipswich court of Mar. 29, 1670, in an action brought 
by said Armitage against Bex & Co. 

*Writ: Bartholmew Gidney v. Mr. Thomas Diamond, master 
of the New London barque and Samuell Rayment, merchant, 
of the said barque; for detaining several goods sent to him by 
Henry Bennet from Newfoundland, agent for said Gidney; dated 
May 17, 1670; signed by Jonath. Negus,t for the court; and 
served by Kich. Wayte,t marshal of Suffolk. Bond of Samuell 
Ra3rmondt and Tho. Dymond,t with Thos. Dymond,t surety. 

Bartholmew Gidney's biU of cost, lli. 2d. 

Letter of attorney, dated Boston, May 21, 1670, given by 
Thos. D3rmond| and Samuell Raymond^ to William Netherland 
of Boston. Wit: Jo. Haymant and Retume Waite.f Acknowl- 
edged, May 21, 1670, before Tho. Clarke,t conmiissioner. 

Letter, dated SaJem, May 21, 1670, from Bartlemew Gidneyf 
to Henry Benit: '^Louing freind hauing had sum discoars with 
m' dimont & m' Raiment about the Goods In Question they doe 
afirm that they had noe knowledg of it or them which they are 
wiling to depose upon oath & do urg that you hau Granted a 
complianc upon thos terms If they purg themselus by oath now. 
If you se caus soe to act I shall withdraw my action only under- 
stand that then you must be Responsall to me for the Goods 
& Charges and take notis that If you doe agre It must be to a 
full endmg of the case In all & w^oeuer case or cases might arise 
upon It betwen them or mee which you shall take und' their 
hands In case you doe agre & If you soe agre you must Return 
Back with them to boston Becaus otherwise you haue not oper- 
tunity To haue them sworn Bee sur you consid' the plnises & 
act acordingly or If you se caus to Let It Rim to a triall you 
may. when you ar agreed you must call In the attachment 
which you may If you shew the marshall this under my hand." 
Wit: Manaseth Marstonet and Ebenezer Williames.t Sworn, 
May 21, 1670, before Tho. Clearke,t commissioner. 

t Autograph. % Autograph and seal. 



264 BALEBI QUABTERLT COUBT [June 

Oa the reverse of the for^^oing paper: ''To m' Henry Benitt 
dd In Boston." 

Henry Benitt, aged about thirty-three years, deposed that he 
was in Newfoundland the last August where he agreed with 
said Diamont and Raiment of the New London barque to send 
goods to Bartlemew Gidney of Salem. Deponent, with the 
help of his servant Henry Clements, put the goods on board and 
they were stowed away by one of the vessel's ccHnpany, who 
promised to aoquaint Mr. Dimont when he came on board. 
Deponent talked with the master about them later, and both 
he and Rayment owned that they were on board and agreed to 
deliver them, Gidney paying the freight. The goods consisted 
of a piece of kersey and serge, seventeen dozen cod hooks, two 
dozen lines and two barrek. Further, said Raiment encouraged 
deponent to send the goods by them because of his acquaintance 
with said Gidney and because he intended to go to Salem. Sworn, 
May 31, 1670, before Edward Tyng,* assistant. 

Ebenezer Williames, aged about twenty-two years, deposed 
that being in company with said Dimond and Rayment of New 
London and going toward Salem on May 19, they went into 
Capt. Marshall's house at Line where they met Henry Benitt of 
Salem. Deponent heard Benitt say that if Dimond and Rii,y- 
mond would swear that they never had the goods, he would not 
prosecute, etc. Sworn, May 21, 1670, before Tho. Clarke,* 
oommissioner. 

Henry Clements, aged abut eighteen years, deposed as to 
putting the goods on board the vessel. Sworn, May 31, 1670, 
before Eklward Tyng,* commissioner. 

Samuell Raymond of New London, Conn., mariner, aged about 
twenty-four years, deposed that he knew nothing of the goods 
being put on board, etc. Sworn, May 21, 1670, before Tho. 
Clarke,* commissioner. 

Hanah Gilbert, aged about twenty-four years, deposed that 
in the middle of May, she heard some discourse between Gidney 
and Rayment, the latter affirming that the goods were not sent. 
AfterwMxi Rayment admitted that Mr. Diemont sold cod hooks 
at Boston, but that he himself had three hundred pounds of 
"kagut" in the vessel and after he came to Newfoundland kept 
store there on shore. He also said "I wish him eternally 
damned that troubeth me." Sworn in court. 

Thomas Dymond of New London, Conn., mariner, aged about 
twenty-eight years, deposed that he knew nothing of the goods, 
etc. Sworn, May 21, 1670, before Tho. Clarke,* commissioner. 

John Dymond pf New London, Conn., sailor, aged about twen- 
ty-four years, deposed that he was a seaman in the Providence 
erf New London, etc. Sworn, May 23, 1670, before Edw. Tyng,* 
assistant. 

* Autograph. 



1670] BB0ORD8 AND FILES 285 

John Home, sr. v. John Glefford. Verdict for plaintiff.* 
Benjamin Woodrow v. Tho. Smal. Withdrawn. 

John Hajrmanf of Charlestowne, aged about fifty-nine years, de- 
posed. Sworn, May 21, 1670, before Tho. Clarke,t commissioner. 

*Writ: John Home sr., agent to Mr. Daniell Browning v. 
John Clifford; for damage sustained to a parcel of goods which 
said Clifford was hired to carry aboard Mr. Nathaniell Grafton's 
ketch, but which were left lying in his boat; dated 17 : 4 : 1670; 
signed by Billiard Veren,t for the court; and served by Henery' 
Skerry,t marshal of Salem. 

Mr. Cleford's bill of cost, 21i. 8s. 2d. 

Charges about Goodman Home's fish damnified in the boat 
of Goodman CUforde: Eight quintals of fish lost, 41i.; packing 
the fish again, lU. 6s.; Dr3ring the Fish, Hi. 10s.; helping about 
y^ packing againe, 8s.; the damage of the fish being so much 
worse than it was before, at least 2s. p quintal, 6U. 4s.; total, 
13Ii. 8s. The damage was appraised by Thomas Jeggelisf and 
Zabulon EUll.t Sworn in court. 

Bartlemew Gidny, aged about thirty years, deposed that some 
time the last winter a servant of Jno. Cliford called Wiliam 
HoUis came to deponent and said that his master desired to have 
deponent's boat to carry some goods on board Nath. Grafton's 
ketch for Goodman Home because his own boat was in the North* 
river. Said William accordingly took the boat, promising to 
retinn her to the wharf the same tide. Several days after the 
boat was returned without the rudder, etc. Swom in court. 

Wilaum Hollis and John Leagrow, servants of John Clifford, 
deposed as to rowing the goods down to the ketch. When they 
reached there they called aboard and could not find anybody,' 
but later found Mr. Grafton who said he could not take the goods 
that tide but would on the morrow. ''Mr. Grafton said bring 
your ancor abord of my cetch and let the boat Ride I asked >^iTn 
wether the snow would not hurt the goods he sayd noe: and I 
said had not the goods best be covered he said yes saith he: and 
provided a saild to cover the goods and beed us lay it on the 
beds of the caske next y* wether which according to his order we 
ded." Swom in court. 

John Beckett, aged about forty-two years, deposed that Deacon 
Home, etc. Swom in court. 

Thomas Jeggeles, aged about forty-eight years, deposed that 
he saw the boat sunk with Goodman Home's hogsheads of fish 
and Goodman Clifard with his men rolled the fish out on the 
mud to the shore. Then being desired by Goodman Home to 
help with the said fish to the Island, he took the fish out of thd 
hogsheads and dried it. Swom in court. 

t Autograph. 



266 SAUfiM QUABTERLT COUBT [June 

Steeven Sweete v. Mr. Hen. Greeneland. Debt. Defaulted. 

Josias Codner, John Clemence and Thomas Hearson v. 
Erasmus James. Nonsuited.'*' 

Capt. White had his former license renewed for six months to 
come "to vend what wine he haue by him." 

Richard Norman and Benjamin Parmiter had their former 
licenses renewed. 

Benjamin Felton was fined 5s. for smoking tobacco without 
doors in the street. 

Mr. Ralph King and Moses Chadwell were sworn constables 
for L3m for the ensuing year. 

Mr. John Hathome of L3m had his former license renewed for 
the ensuing year. 

Jno. Sanders dying intestate, administration upon the estate 
was granted to Jno. Newell, who with Thomas Newell were bound 
to bring in an inventory to the next Salem court. 

Widow Read complained that Robert Pease withheld her thirds 
of about six acres of land which her husband Thomas Reade was 
possessed of in his life time while she was his wife. Court 
ordered HilUard Veren, Henry Skerry, sr., and John Tompkins 
to lay out her thirds according to law. 

WiUiam Edmonds had his former Ucense renewed. 

Jno. Smith, for drunkenness and abusing the constable, was 
sentenced to be whipped or pay a fine of five poimds and to pay 
the constable 40s. Samuell Hutson, for not assisting the constable, 

Ekimund Batter, aged about sixty-one years, deposed that he 
had some hogsheads at the waterside to be sent away in the 
same boat and he asked Clifford several times to leave some of 
his behind, but he would carry all. Some of the casks lay dan- 
gerous in the vessel and in prolonging the time in taking in more 
than could be carried securely, the tide began to fall and the 
boat could not come near to the ketch. Deponent put his goods 
aboard into the custody of Cliford "as to a conmion lytterman." 
Zebulun Hill deposed the same. Sworn in court. 

* Writ: John Clement, Josias Codnar and Thomas Hearson v. 
Erasmus James; for attaching a boat with salt, which boat was 
rebuilt by said James for said Clements & Co., but being attached 
they are disappointed of their intended voyage; dated June 22, 
1670; signed by Moses Mavericke,t for the court; and served 
by James Dennis,t constable of Marblehead. 

Erosemus James' bill of cost, lli. 14s. 8d. 

t Autograph. 



1670] BBC0BD8 AND FILES 267 

discouraging others and using provoking speeches was sentenced 
to be whipped or pay a fine. And Richard Hutson and Nicholas 
Pickett, for not assisting the constable, and other discouraging 
speeches to others, were fined. Until these four persons paid 
their fijies, they were to lie in prison.'*' 
John Knight, having been in office in the foot company of 

* Warrant, dated 28: 4: 1670, signed by Wm. Hathome,t assistant. 

Summons, dated 28 : 4 : 1670, to Wm. Beale, Thomas Pit- 
man, sr., Thomas Dod, John Pitman, Nathaniel Walton and 
Samuell Walton, signed by Wm. Hathome,t assistant. 

William Beale deposed that last night passing homeward 
betwixt Lieutenant Ward's and Richard Reefes, he saw John 
Smith stand in the street with a firebrand in his hand and his 
face bloody, in a raving manner threatening somebody, he knew 
not who. Deponent, being in Mr. Ward's company, then heard 
the latter say, ''See he abuseth ye Constable," after he asked 
aid to carry him to the stocks, deponent among others. ''Ye 
Constable beeing amongst y^ thronge To my best knoledg Henry 
Prood came ; Lifted up y* end of y* stocks & clapd them doime 
againe & Reproued him Then Samuell Hudson reproued mee & 
bid mee get aboute my buisness threttend mee y^ hee should 
find a time to meete mee sayed y^ if he had fine pound he would 
lay it downe to beeate it oute of mee & y* if hee were as John 
Smith if hee could get a stone hee would dash out my brains, 
such words as these were often used by Samuell Hudson, Richard 
Hudson Nikolas Picket & Abram Allm sided w^ him with pro- 
uoking words bidmg mee bee gon for I had no buisnes there 
John Smith calld & reuiled both my self & the constable w^ 
much untoward Language I asked John Gachell ye elder in a 
frendly way what cause I gaue those men to giue such abuse 
Gachell stood beehind ye Company Called mee dog roge base 
fellow asked mee what I did there & what I had to do to meddllee 
Told mee I deserued to haue my braines beate out w^ many such 
absurd speches. Thomas Pitman & his foare sons I saw there 
t^en & Nathaniell & Samuell Walton w^ did not at all opose ye 
constable as I saw." Sworn in court. 

John Pitman and Thomas Dod deposed. Sworn in court. 

Samuell Walton, aged about thirty years, deposed that Con- 
stable Dennis asked William Beale and himself to assist him. 
''I steped home & hereinge ye noise Continue I went backe agin 
& in ye way betwixt ye stocks & my house, heard Samuell Hud- 
son," etc. Sworn in court. 

Edward Holiman, aged twenty-three years, deposed that John 
Smith thrust Constable Dennis out of the door, took him by 
the neckcloth and struck him. Sworn in court. 

tAntograph. 



mS SALEM QUAJtTEBLT OOUBT [J 



Newbery, upon several oonsideratioBs, was discharged from 
being a common soldier. 

Edward Richardson was dismissed from common training. 

John Cope's petition mider the hands of several inhabitants of 
Marblehead, for a license to keep an ordinary, and draw beer or 
cider, was granted. 

Samuel! Roberts dying intestate, administration upon his 
estate was granted to his brother Jon. Roberts, who brought in 
an inventory* amoimting to 431i. 18s. 9d., and was ordered to pay 
his brother Ephraim Roberts and sisters Susana, Elizabeth, 
Hana and Abigail Roberts, 61i. each, at age or marriage. Said 
John was bound for the payment of the shares. 

John Tilsley, servant of John Procter, was fined for being 
drunk, which fees his master promised to pay. 

Whereas there was an action conmienced by Richard Flinder 
against Jeremiah Buttman concerning part of the estate of Henry 
Harwood, deceased, and there being further contention likely 
to arise, Mr. Edmond Batter, Mr. Hen. Bartholmew and Leift 
George Gardner were chosen by the court auditors of the estate. 
What they could not settle was to be settled by the court. 

Mr. Robert Lord, sr., Mr. Jno. Paine of Ipswich and Tho. 
Cleark, late of Winnissimett, now of Ipswich, were appointed to 
lay out by metes and bounds, the thirds of Margaret Wood- 
mancye which she recovered by law in a farm now in the possession 
of Usewell Wardwell or his assignee, according to the law of 
dowers, within three weeks. 

Theophilus Baily was licensed to sell strong waters out of 
doors, according to the request of the selectmen of Lyn. 

Nathaniell Wallton, aged thirty-two years, deposed. Sworn in 
eourt. 

Constable Dennis' biU of cost, witnesses, Rich. Norman, Mr. 
Maverick and Mr. Ward, and to Constable Leg, etc., 21i. Is. 9d. 

*Inventory of the estate of Samuell Roberts, late of Ipswich, 
deceased, taken Jime 21, 1670, by Robert Persf and James 
. Chutef: Weareing apparell & linen with 3 hatts & 2 p sliooes, 
;221i. 7s.; in bookes, 21i.; 2 Combs, 2 Rasors, Inkhom & sizars 
& hoane, 8s. ; 2 p Cumpasses, Ss. ; 2 Chests, 10s. ; 1 hogshead of 
feathers, 2U.; In mony, 6U. 8s. 9d.; his portion given him by 
the Coiirt, lOli.; A fowling peece, SOs.; houldsters, brestplate 
A belt, 10s. Funeral charges, 21i. 10s. Sworn in court. 

t Autograph. 



>* 






V 



X 

\ 



1670] BBCOBI>S AND FILES 269 

Laurence Clenton, for attempting to abase Mary Enoulton, 
wafl sentenced to be severely whipped with twenty stripes weQ 
laid on, to pay costs to Tho. Knoulton and to remain in prison 
until payment be made. Said Clenton was ordered to allow 
his wife 2b. per week toward her maintenance, to carry it him- 
self to her, to live with her, as duty binds him, and at least to 
lodge with her one night in a week. He was also to bring a 
certificate from his wife or from Seargt. White to the Worshipfull 
Major Denison that he had fulfilled this order, otherwise to be 
sent to the house of correction. 

Mr. Theoder Price was licensed to still and retail strong 
waters out of doors. 

Mr. Tho. Gardner, sr., had his license renewed for retaUing 
strong waters out of doors. 

Edward Richards was allowed costs in an action brought by 
the town of Lyn and they not prosecuting. 

Thomas Maule was allowed costs in an action brou^t by 
Hartshome. 

Ellenor, wife of Mr. Will. Hollingworth, was complained of 
for many railing speeches and reproachful words against the wife 
of William Beale, which not only tended to the defamation of 
said Goody Beale, but reflected also upon civil justice and the 
church. She was sentenced to pay 51i., or if she made public 
acknowledgment in the meeting house at Marblehead within 
ten days, 10s. would be remitted. The acknowledgment was as 
follows: "Whearas I Elleno' Hollingworth was convicted to 
haue spoken to y^ wife of william Beale railingly that shee was a 
adulteress & hang you Jade, many times repeated, & that she 
made the church a couer to her rogery & y^ shee had another 
husband aliue, to the dishonor of God, the church & coiurt & 
to y^ great reproach of the p^ & euill example of others: I doe 
heareby declare y* I am sorry for the same, & desire all good 
people y* may be ofended, to forgiue me, & to take warning by 
me of such euill practises."* 

♦Writ, dated 30 : 4 : 1670, signed by Hillyard Veren,t for the 
court, and served by Georg Kesar,t constable of Salem. 

William Beales' bill of cost, 10s. 

Petition of William and Martha Beale: "Whereas by Reson 
of anullitie of Marriage betwi^rt Thomas Rowlandson ye guilty 

t Autograph. 



270 SALBM QUARTERiiT COURT [June 

John Roapes and his wife, for fornication before marriage, 
were fined. 

William Batt, for drunkenness, was fined. 

Daniel] Salmon, for excessive drinking, was fined. 

Robert Stone, the wife of Samll. Shattuck, John Eitchin and 
his wife, the wife of Antho. Needham, Josiah Sothwick, John 
Burton, sr., and the wife of Samll. Gaskin, for frequent absence 
from the public ordinances of God on the Lord's days, were fined. 

& Martha Bradstrete ye innocent Som persons Take ockacion 
To abuse us in most reuileing speches amongst others wee pres- 
ent ye ackt of Elinor Hollingworth To ye veiw of your Con- 
sideration Who Came to our dore ye Last fall & charged us w^ 
Liueing in Adullterry a Capitall Crime worthy of death & yt ye 
church was a Couer for her Rogery; & now Honored besides ye 
aduantage I may take and doe reserue against them by an ack- 
tion at Law Charging us w^^ such a high crime herby setting 
on edg yoimger & ruggeder sort as youre honnours may be 
pleased to remember Henry Codner ye Last inne Court who is 
of this schoole & seuerall others y^ might be mentioned yt thinke 
ye thinge is truth; I beseche youre Honors Consider ye greate 
suffering of ye Gospell of our blessed sauiour in infamouse wrathe 
such a on is a member & hath twoo husbands aliue & alsoe ye 
dishonor of this Commonwealth Einge & Christian Nation to 
whom wee owe our Lines; sa3dng no more but beseiching God 
to direckt you in all his wayes." 

Allexander Gellygin deposed that last fall he came to William 
Beales' house and before the door saw Goody Beale and the 
wife of William HoUingworth stand talking in love as far as he 
could perceiue but bye and bye he heard Goody Hollingworth 
say "if you had been a cristian as you profess & ought to bee 
you wold haue com to my mother & my Brother More & my 
Husband my Mother is a good wooman & shee would haue helped 
you in ye Church." Goody Beale replied, "as for your mother 
I hope she is a good wooman I had nothing against & wherfore 
shold I goe to her; as for M' More I herd hee had somthing 
against mee I hope hee is a good man & I went to him but as for 
youre Husband hee is non of ye church & wherefore shold I goe 
to Him." Goody Hollingworth said "is hee non of ye Church 
I wolde haue you to know hee & I both are a littlee othergate 
in ye church yen you are I shold bee sorry els & you are a base 
dissemblling hippocrite you come into ye church by crying & 
whaleinge & here line as you list & Commit what Rogerry you 
will & ye church is a couer to couer it all." She further called 
her baud, said she Uved in adultery and had two husbands, having 
been divorced from an honest man. Sworn in court. 



1670] BBCOBD8 AND FILES 271 

The wife of Josiah Sothwick, John Smith and his wife and 
Daniell Sothwick and his wife were to appear at the next court. 

Joseph Annitage, causing Andrew Mansfeild and Goodman 
Kertland to be sent for by warrant to the court, was ordered to 
pay costs.* 

Mathew Woodwell, for abusing the constable by threatening 
him and endeavoring to strike him, was sentenced to be whipped 
and pay a fine. His former sentence was remitted.f 

John Clearke was sentenced to be whipped, for attempting 
murder on the Lord's day in sermon time, thrusting a knife 
against the ribs of Jestin John, saying if his knife had been sharp 
enough he would have thrust it into his body, which was testi- 
fied upon oath of Jeremiah Bennett. 

Jeremiah Bennet, accused of fornication by Cristian Claxon 
and running away, was sentenced to be whipped. She received 
the same sentence. 

Samuell Beale, aged sixteen years the middle of this July, 
deposed that last fall his brother James and himself being at 
work a little way from his father's house, heard talking and went 
home. There they heard Elinor Hollingworth calling their 
mother names and as she went away she clapped her hands and 
cried ''hang you baud & base jade." Sworn in court. 

Martha Beale, jr., aged fourteen years next September, deposed 
that being in the garden before her father's door heard her 
mother and Goody Hollingworth "Talke in Loue a pretty while," 
etc. 

♦Warrant, dated Mar. 30, 1670, to Nathaniell Kirtland and 
Andrew Mansfield, upon complaint about an oath or oaths con- 
cerning the estate of Axye, deceased, signed by Robert Lord,t 
cleric, and served by John Lewis,| constable of Linn. 

Joseph Armitage, aged sixty odd years, deposed that he was 
present when Francis Axcy came to the court for administration 
of her husband's estate. Samuell Tarbox testified that Jams 
Axcy said he would leave his estate to his wife and that Nathanell 
Kertland could witness the same. Kirtland had some scruples 
about it at first but later made oath. Samuell Tarbox deposed 
the same. 

fMr. Moses Maverick, Mr. John Gardnor and Mr. Jififards 
testified that Mathew Woodwel, having a club in his hand, 
threatened the constable and said that if he met him he would 
flat his crown. Also in a very boisterous manner, he took l^e 
constable by the hand and proffered such like abuses. Sworn 
injcourt. 

t Autograph. 



272 SALBM QT7ABTEBLT COUBT [June 

Thomas Jaquis was fined for drunkenness. 

Mr. John Ruck was appointed administrator of all the estate 
of Mr. Tho. Ruck, his father, deceased, which remained after the 
death of Elizabeth, widow and administratrix of said Thomas. 
He was to bring in an inventory to the next Salem court. 

Emanuell Martin dying intestate and none appearing to desire 
administration, court granted administration to Henry Skerry, 
marshal, who was to bring in an inventory to the next Salem 
court. 

Job. Hilliard dying intestate, court granted administration of 
his estate to Mary his widow, who was to bring in an inventory 
to the next Salem court. 

The marshal was ordered to pay out of the fines 31i. to Ben. 
Felton, keeper of the prison at Salem. 

Samuell Casey dying intestate, administration upon his estate 
was granted to Henry Skerry, marshal, he to find what estate 
he can and bring in an inventory to the next Salem court. 

Upon a motion by Ed. Berry and his wife and William Has- 
call that the court would consider some differences between the 
executrix and overseers of the estate of Roger Hascall, deceased, 
in order to settle said estate, Mr. Ed. Batter and Mr. Hen. Bar- 
tholmew were appointed to examine the will and the debts and to 
make return to the next Salem court. 

Whereas there are lOli. yet remaining in the hands of Mr. 
John Browne, sr., of the estate of Robert Graye, deceased, the 
interest of 501i., court ordered said Browne to pay it to Nicholas 
Manning, husband of Elizabeth, late wife and executrix of the 
said Robert Gray. 

Susana, wife of William Pitts, left a nimcupative will, which 
was allowed, her husband consenting and witnesses testifying that 
she declared it to be her will. Administration of her estate 
was granted to Christopher Lattamore and wife Mary, they 
giving bond of lOOli. 

Court ordered that a country rate be raised to the proportion 
of one-quarter part of a single country rate, and the treasurer 
was ordered to give out warrants for the same. 

Mr. John Gedney, sr., Mr. John Ruck, Mr. Eleazer Hathome, 
Mr. William Browne, jr., Mr. John Corwin, Steephen Haskett, 
Mr. Christo. Lattamore and Mr. Moses Maverick had their 
licenses renewed for the year ensuing. 



1670] RECORDS AND FILES 273 

George Roapes dying intestate, administration on the estate 
was granted to Mary, the widow, and John Norman, the son- 
in-law, who were to bring in an inventory to the next Salem 
court. 

Mathew Price was reUeved from common training, pa3ring 
to the use of the company in Salem, 6s. per annum to the clerk's 
content. 

Whereas there is a seeming contradiction in the testimony 
of Henry Jaquis, William Titcum, Tho. Thurlo and Francis 
Thurlo given in at this court in the case between John Woolcot 
and William Harrison, court ordered that the original testimony 
be returned to the clerk of Ipswich court, with the foregoing 
names, and he to issue warrants for their appearance at the 
next Ipswich court. 

Henry Skerry was licensed to draw wine and liquors and retail 
it out of doors for the ensuing year. 

Tho. Day dying intestate and an inventory of his estate being 
presented, Mary, the widow, was appointed administratrix, in 
whose hands the estate was to remain.* 

Ordered that Worshipfull Major Hathome end all present- 
ments that were brought into this court, except that of Georg 
Hodg. 

The servants of the house were allowed 7s. 6d. 

Whereas Ambros Gale presented a letter of attorney at the 
last court from Susana, widow of Thomas Dill, which was 
allowed in order to take the estate into his hands, court ordered 

*Inventory of the estate of Thomas Day, deceased, taken, 
9:4: 1670, by John Gardner,t Kichard Princef and Henry 
Bartholmew:t Six p of sheetes, 21i. 8s.; 4 p of pillow beares, 
16s.; 11 napkins and 2 small table clothes, 13s. 6d.; 2 Cupboard 
clothes and 2 pillow beares, 78.; 7 towells, 4s. 8d.; one half 
sheet, 9s.; one f ether bed, 2 bolsters, a trundle bed, tickinge, 
3 blanketts and one Rugge, 2 pillowes, 51i.; one bedsteed with 
curtaines and vallence and one trundle bedsteed, 10s.; 1 Cup- 
boord, 1 wainscott chest, 3 sea chests and a trunke, lli. ; 2 small 
table boards, 2 boxes and 8 chaires, lli. 4s.; 1 silver Cupp and a 
silver spoone, 18s.; brass, pewter and tin, 51i. 2s.; fire shovels, 
tongs, trenchers, trayes with other stuff in the kitchin, with a 
baskett and earthware, lli. 10s.; his wearinge apparell, 31i. Ss.; 
total, 23U. 7s. 2d. 

tAutograph. 



274 BALEM QUARTEBLT COURT [June 

that Mr. Bartholmew Gidney and Richard Dill, administrators, 
deliver the estate to said Gale, he giving bond for the pajmaent 
of one-half the estate to the child of deceased. Bond of Ambross 
Gale. 

At a court held by Major William Hathome, July 18, 1670, 
WilUam Blunt and Mary Searle, appearing by virtue of a special 
warrant, upon suspicion of too much familiarity and disorderly 
accompan3ring together, were fined, and were enjoined not to 
accompany together alone in any place upon penalty of 20b. 
for every such ofiFence. 

Richard Croye was fined for excessive drinking. 

The wife of John Mason, for being drunk, it being the second 
or third offence, was fined. 

Joseph Armitage, for excessive drinking, was fined. 

Matiiew Farrington, jr., and Priscilla Kertland confessed that 
they travelled on the Lord's day, and were admonished. 

Elizabeth Poe, presented for selling strong water to the Indi- 
ans, it being two years past, was dismissed. 

John Alley, for going out of the harbor by Lyn with a boat 
on the Lord's day, was admonished. 

Joseph Armitage was presented for being drunk, and he asking 
for the benefit of the law in being tried by a jury, it was granted. 
Joseph Armitage and Capt. Tho. Marshall bound. 

Fines returned, 28 : 4 : 1670, by Wm. Hathome,* assistant: 

Nicholas Maning, for breach of the peace in striking Wm. Reaves. 

John Glover, for striking Edm. Counter. 

On 10 : 11 : 1669, John Leare, for being drunk. Edw. Woland 
allowed 3s. as witness. 

On 14 : 2 : 1670, Ropert Hoober, fined 10 groats to the county 
and pay for healing Abraham Allen's hand. 

On 9 : 3 : 1670, he found ''a combination to meet a nights 
in y^ woods as they did 4 times & stolle diuers smalthings." 
John Ford was to be whipped ten stripes; John and Humfry 
Deverex to be whipped or pay a mark a piece; James Smith, jr., 
John Beesom, Adam Cleark, Richard Rowland, jr., and Robert 
Newman to be whipped or pay a noble a piece. All were to 
pay to Henery Stacy 8s. for poultry they stole from him. 

Timothy Hix, for going into a house at the door and attempt- 
ing to steal some small things, but was prevented, was fined. 

* Autograph. 



1670] BECORDS AND FILES 275 

Wm. Tald (also Tate), for being drunk. 

On 8 : 4 : 1670, Rich. Marsh, for going aboard a vessel on 
seven day night to see what he might steal, but waking one 
aboard, was seized. He was to be whipped ten stripes. 

On 10 : 4 : 1670, Bell Ringer Leonard (also Leonard Bel- 
ringer), for swearing. 

Tho. Swallow, for swearing two oaths. 

Wm. Williams, for swearing. 

John Gatchell, sr., for keeping company at his house some 
men's sons and servants, and for abusing the constable. 

On 13 : 4 : 1670, Giles Corree, for stealing several small 
things, some of which he confessed and some proved, from Cc^t. 
Corwin. 

John Baker, for twitching the prison lock of Salem at noon 
day, to be whipped ten stripes. 

John Pederick (also Petherick) of Salem, for being drunk and 
abusing the constable. 

Venire, dated May 15, 1670, for Lynn, signed by Hilliard 
Veren,* cleric, and served by John Lewis,* constable of Lynn, 
who returned the names of John Newhall, sr., John Burrill, 
Thomas Farrer and William Bassett for the jury of trials, and 
warned Danyell Sellmones to attend the third day of the court. 

Venire, dated May 18, 1670, for Wenham, signed by Hilliard 
Veren,* cleric, and served by Henery KembaU,* constable of 
Wenham, who returned the names of Walter Fairfeld for the 
jury of trials and John Fisk for the grand jury, and also warned 
John Fisk to appear as a witness about defect of a highway in 
Beverly. 

Venire, dated May 30, 1670, for Marblehead, signed by Hilliard 
Veren,* cleric, and served by James Dennes,* constable of Mar- 
blehead, who returned the name of Erosimus James for the jury 
of trials. 

Venire, dated May 18, 1670, for Gloster, signed by Hilliard 
Veren,* for the court, and served by Thomas Judkins,* constable 
of Gloster, who returned the name of William Haskcill, jr., for 
the jury of trials, and gave notice of the choice of Jams Davis as 
constable for the ensuing year. 

Letter of attorney, dated June 27, 1670, from Jonus Gregoryf 
of Ipswich to Edmond Bridges of Salem, in a complaint entered 
against him by John Darling at Salem court and one entered 
for him against said Darling. Wit: Robert Lord* and Susanna 
Lord.* 

. ^Autograph. t'^^1^>8'*P^ '^^ ^eal. 



276 SALEM QUARTERLT COUBT [June 

On 6 : 4 : 1670, two Indians, Sam. and Bequiet, being drunk, 
were ordered by Major Hathome to be whipped ten stripes. 

Thomas Mall was allowed costs, being summoned and the 
action not prosecuted. 

Writ: Edmond Batter v. Willm. Carter; debt; dated 14 : 
2 : 1670; signed by Hilliard Veren,* for the court; and served 
by Jon. Legg,* constable of Marblehead. 

Writ: Edmond Batter v. WiUm. Wiseman; debt; dated 14 : 
2 : 1670; signed by Hilliard Veren,* for the court; and served 
by Jon. Legg,* constable of Marblehead. 

Writ: Moses Mavericke v. John Deverux, Samuell Morgan, 
Richard Read and Robert Knight; debt due, when they were 
townsmen in 1668; dated June 14, 1670; signed by Moses Maver- 
ick,* for the court; and served by Jon. L^g,* constable of 
Marblehead. 

Writ: Samuell Raymond v. Bartholomew Gidney; unjust 
molestation in arresting him ''under pretence of sundry goats 
pretended to be sent by said Raymond and Thomas Dymond 
from Newfoundland delivered as he pretended thereby sent by 
one Heniy Bennet, agent for him the said Gidney, which means 
that said Raymond hath received not only loss of his time and 
goats, a great expense, but the hazard of a good name;" dated 
May 21, 1670; signed by Jonath. Negus,* for the court; and 
served by Henery Skerry,* marshal of Salem. Bond of Bar- 
tlemew Gedney.* 

Writ: Capt. George Corwin v. Samuell Bennett; debt; dated 
20 : 4 : 1670; signed by Hilliard Veren,* for the court; and 
served by Henery Skerry,* marshal of Salem, by attachment of 
land, orchard and salt marsh of defendant. 

Writ: Thomas Dymont v. Bartholomew Gidney; unjust 
molestation, etc.; dated May 21, 1670; signed by Jonath. Ne- 
gus,* for the court; and served by Henery Skerry,* marshal of Salem. 

Writ: Christopher Latamore v. Rowland Rainsburrow; debt; 
dated June 14, 1670; signed by Moses Mavericke,* for the 
court; and served by Jon. Legg,* constable of Marblehead. 

Bond, dated June 18, 1670, of Wm. Davis* and Tho. Clarke* 
to answer the complaint of Mr. Thomas Cobbit at the next 
Salem court. On the reverse of this paper, "To M' Hillard 
Vering by m' Isaack Walker." 

Writ: Edward Bridges, assignee of Thomas Newell of L3mn 
V. Thomas White; forfeiture of a bond; dated May 31, 1670; 
signed by Hilliard Veren,* for the court; and served by Henery 
Skerry,* marshal of Salem. Bond of Thomas White.* 

Writ: Mr. Willi. Browne, sr. v. John Leach, sr.; debt; dated 
23 : 4 : 1670; signed by Hilliard Veren,* for the court; and 
served by Henery Skeny,* marshal of Salem, by attachment of 
house of defendant. 

^Autograph. 



1670] BECORDS AND FILES 277 

Writ: Mr. William Browne, sr. v. John Grover; debt; dated 
23 : 4 : 1670; signed by HUliard Veren,* for the court; and 
served by Henery Skerry,* marshal of Salem, by attachment of 
a table and three chairs of defendant. 

Writ: John West v. Thomas White; debt; dated Mar. 31, 
1670; signed by Robert Lord,* for the court; and served by 
Robert Lord,* marshal of Ipswich. 

Writ: John West v. Thomas White; debt, forfeiture of a 
lease for non-payment of six pound rent; dated Mar. 31, 1670; 
signed by Robert Lord,* for the court; and served by Robert 
Lord,* marshal of Ipswich, by attachment of meadow of defend- 
ant at Hafield farm about the Islands. 

Writ: Mr. Phillip Cromwell v. Rowland Rainsbury; debt; 
dated 9:3: 1670; signed by Billiard Veren,* for the court; 
and served by Jon. L^g,* constable of Marblehead. 

Writ: Thomas Male v. John Hartshome; debt; dated June 
19, 1670; signed by Billiard Veren,* for the court; and served 
by Georg Keysar,* constable of Salem. 

Writ: Mr. John Gidney, sr. v. Samuell Benett; debt; dated 
20 : 2 : 1670; signed by Billiard Veren,* for the court; and 
served by Benery Skerry,* marshal of SaJem. Bond of Samuell 
Bennett* and Thomas Marshall.* 

Writ: John Bartshome v. Thomas Maule; debt for work 
done for him; dated June 20, 1670; signed by BiUiard Veren,* 
for the court; and served by Georg Keysar,* constable of Salem. 

Writ: John Tod v. John Newmarsh; for withholding fish; 
dated Jime 23, 1670; signed by Robert Lord,* for the court; 
and served by Nehemiah Jewett,* deputy for Robert Lord,* 
marshal of Ipswich, by attachment of house and land of defendant. 

Writ: Mr. Thomas Cobbit v. Capt. Thomas Clarke and Capt. 
Wm. Davis, administrators of the estate of Mr. Valentine Bill; 
dated Jime 10, 1670; signed by Robert Lord,* for the court; 
and served by Rich. Wayte,* marshal of Suffolk. 

Writ: Mr. Phillip Cromwell v. Richard Brabrook; debt; 
dated June 12, 1670; signal by Billiard Veren,* for the court; 
and served by Benery Skerry,* marshal of Salem. 

Writ: Christopher Latimore v. Richard Bedford; debt; dated 
June 2, 1670; signed by Robert Lord,* for the court; and served 
by Theophilus Wilson,* constable of Ipswich. 

Writ: Thomas Gardner v. John Killum of Wenham; debt; 
dated May 31, 1670; signed by Billiard Veren,* for the court; 
and served by Benery Skerry,* marshal of Salem, by attachment 
of a timber chain of defendant. 

Writ: Joseph Armitage v. Richard Bood; debt; dated June 
21, 1670; signed by John Fuller,* for the court; and served 
by John Lewis,* constable of Linn. 

Writ: Philip Cromwell v. Sei^. Jeremiah Belsher; debt; 

*Aatograph. 



278 IPSWICH QUABTBRLY COURT [Sept. 

COTTRT HELD AT IPSWICH, SbPT. 27, 1670. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Sjrmonds and 
Major Genrll. Denison. 

Jury of trials; Mr. Jo. Paine, Wm. Felows, Daniell Warner, 
Sam. Graves, Symon Tompson, John Newmarsh, John Poore, 
Joseph Pike, John Palmer, John Grant, John Johnson and Ens. 
Jo. Gould. 

Grand jury: George Gidding, Comet Jo. Whipple, Walter 
Roper, John French, Jer. Jewett, Tho. Bumam, Wm. Elsly, 
Tristram Coffin, Ens. Steephen Greenlife, John Pickard, James 
Barker, Wm. Acie, Edward Towne and Daniell Poore. 

Mrs. Margrett Woodmansie v. Usuall Wardell. For rent of 
her thirds. Verdict for defendant.* 

Mr. George Emery v. John Glover. Replevin of a horse 
impounded. Verdict for defendant.f 

dated May 3, 1670; signed by Robert Lord,t for the court; 
and served by Robert Lord,t marshal of Ipswich, by attach- 
ment of the house and land of defendant. 

*Writ: Margret Woodmansie, relict of Mr. Robert Wood- 
mansie V. Usuall Wardell; for a third part of the rent of the 
farm for her dowry for a year past, from the time it was demand- 
ed of him and he not setting it out to her according to law; dated 
Sept. 15, 1670; signed by Robert Lord,t for the court; and 
served by Robert Lord,t marshal of Ipswich. 

Copy of the lease, taken from the Ipswich court files, Sept. 15, 
1670, by Robert Lord,} cleric. 

Copy of deposition of James Fuller made by Hilliard Veren,} 
cleric. 

tWrit of replevin, dated 12 : 7 : 1670, for one mare and two 
colts of Mr. Georg Emery impounded by John Glover, signed 
by Hilliard Veren, } cleric, and served by Georg Eeasar,} constable. 

John Glover's bill of charges, 19s. 4d. 

Hugh Jones, for impounding Mr. George Emery's horse, 66. 
4d., according to agreement of the proprietors. 

Jeremiah Neale, aged about twenty-five years, deposed that 
about the beginning of September, 1670, he saw a mare and two 
colts, which were ordinarily taken for granted by himself and 
others to be Mr. Emoryes, go through the water over the North 
river against John Simond's house into the North field. They 
went into the com field of John Glover, where they remained 
some time doing damage before they were driven out by said 
Glover. As he came along by deponent he said he was driving 

{Autograph. 



1670] RECORDS AND FILES 279 

Gilbert Willfourd v. Tho. Davis. Non-payment of rent. Ver- 
dict for defendant.* 

Nath. Browne v. John Smith. Debt. For a barrel of potash 
he had of him. Verdict for plaintiff.f 

them to the pomid. Also James Simonds, aged about thirty- 
seven years, deposed the same. Sworn, 23 : 7 : 1670, before 
Wm. Hathome,t assistant. 

Samuel (his mark) Abume, aged fifty-eight years, and Nathan- 
iel Felton,t aged fifty-foxur years, deposed, Sept. 12, 1670, that 
being desired by Mr. Emery to view the fence belonging to the 
North field, they f oimd several posts broken oflf near the ground 
and in some places the fence was not above three feet high. In 
some places the upper rail had so little hold that if but touched 
by a beast it would fall down, and the com being within a pole 
from the fence, if a beast reached over, the post would break. 
Sworn, 23 : 7 : 1670, before Wm. Hathome,t assistant. 

Hugh Joanest and Samuell Gaskene,} surveyors of the fence 
belonging to the north field in Salem, deposed as to their survey 
on Apr. 25, when they found it sufficient. Sworn, 24 : 7 : 1670, 
before Wm. Hathome,} assistant. They further deposed that 
the North river was a sufficient fence on that side and that it 
had been so allowed by the proprietors. Sworn, 27 : 7 : 1670, 
before Wm. Hathome,t assistant. 

*Writ: Gilbert Wilford v. Thomas Davis of Merrimack; non- 
pa3m[ient of rent for one-half of a farm which was let to said 
Davis and for money due on account of entertainment of said 
Davis and for security of one-half of the stock of cattle; dated 
Sept. 5, 1670; signed by Nath. Saltonstall,{ for the court; and 
served by David Haseltine,} constable of Merrimack, by attach- 
ment of com and wheat in the bam, one ox, one yearling, a bed 
and bedding of defendant's. 

John Whipple deposed that being at Gibbourd Wilford's house, 
the latter and Davis told him that they went halves in the farm, 
both in the rent at 51i. per year and the stock at 121i. Sworn 
in court. 

Thomas Dow deposed that Thomas Davis bargained with 
Wilford for one half the farm the latter hired of Comet Whipple, 
etc. Swom, Sept. 23, 1670, before Nath. Saltonstall,t commis- 
sioner. 

tWrit, dated Sept. 19, 1670, signed by Robert Lord,t for the 
court, and served by Thomas Lord,t constable of Charlstown, by 
attachment of the land before defendant's now dwelling house 
next to the creek. 

Nathaniell Browne's bill of cost, lli. 13s. 4d. 

Thomas Knowlton, aged about twenty-eight years, deposed 

{Antograpb. 



280 IPSWICH QUABTERLT COUBT [Sept. 

Mr. John Sandyes v. Mr. Samuell Worster. For withholding 
one hundred acres of land. Withdrawn. 

Wm. Beale v. Wm. Hollingworth, in behalf of his wife. Slan- 
der or defamation. Verdict for plaintiff.* 

that the last January, Nathaniell Browne sent a note by liim to 
John Smith of Charlestowne to pay for a barrel of potash. Smith 
said he had not weighed it but he would in the morning and then 
he would pay for it. He said he thought it would weight nearly 
3 C.f which used to be the general weight of potash. In the 
morning he said it had become wet and was spoiled, and he 
refused to pay. Further that when it was being unloaded, it 
was raining, and Smith said he was to give 26 per hundred for it. 
Sworn in court. 

Nathanell Piper, aged about forty-four years, deposed that 
he carried the potash to John Smith and deliver^ it in as good 
condition as he received it aboard. But said Smith's son took 
it in a canoe, and there being a great sea and a lee shore, water 
splashed into the canoe, and deponent told him that he would 
sink his canoe and damnify his potash, etc. John Barry, aged 
about twenty-nine years, deposed the same. Sworn, Sept. 26, 
1670, before Daniel Denison.f 

*Writ, dated Sept. 19, 1670, signed by Moses Mavericke,t for 
the court, and served by Henery Skerry,t marshal of Salem. 
Bond of Willi. Hollingworthf of Salem and John Beckett.f 

Elizabeth Waltonf certified, Sept. 26, 1670, that when there 
was a difference between William Beale of Marblehead and his 
wife about eight or nine years ago, "my husband M' willam 
Walton had then the hearringe of it aad laboured betwixt them 
both and was fully satisfied and spoke to M' higginson in ther 
behalf es somtyme before his death." Written and witnessed by 
Bobart Bartlett.f 

Copy of depositions taken from Salem court records in action 
of WUiiam Beale v. Elenor Hollingworth, made by Hilliard Veren,t 
cleric. 

William Nick, aged about forty years, deposed that when he 
was constable he was called out of his house in the night by 
William Beale's wife's sister, who said if he did not make haste 
she feared there would be murder at said Beale's house. When 
he reached there, Beale's wife made such a complaint that depon- 
ent took hold of her husband to carry him away for she said he 
had beaten her and she was afraid to live in the house with him. 
Upon hearing that deponent took him a little way from the 
house intendmg to secure him at his own house, but when his 
wife saw it, she intreated deponent to leave him. Deponent 
told her if they would live in quiet and love together, he would, 

fAutograph. 



1670] RECORDS AND FILES 281 

SO he left him. The dispute was on account of Benjamin Chaund- 
ler, whom deponent warned out of the house. Swom, 26 : 7 : 
1670, before Wm. Hathome,* assistant. 

Samll. Hudson, aged about twenty-one years, deposed that 
William Beale came to his father's house in the night when it 
thundered and lightened and complained that he could not live 
in quiet in his own house on account of his wife. Also once 
when he was at Beale's house, the latter related ''how his wife 
Did upbraide him that his father was In hell." Swom, 23 : 7 : 
1670, before Wm. Hathome,* assistant. 

Thomas Pitman, a^ed about fifty-six years, deposed that about 
seven years ago at night William Beale came to his house and 
asked to lie there, for he said he could not live peaceably with 
his wife because there was such contention between them. He 
told him to go home and be reconciled and live lovingly as 
Christians. But he was in such a perplexed condition that 
deponent went with him to Mr. Maverick that they might settle 
the trouble. Maverick went with them to said Beale's house, 
where they found his wife sitting crying out of doors, with her 
children, her sister and one Benjamin Chandler. They could 
not persuade them to agree, but both said they could not live 
together peaceably. Beale returned to deponent's house and in 
the morning went away, and he understood did not go home 
imtil the Lord's day at night, when there was a grievous out cry 
of murder. The constable was sent for and that night said Beale 
and his wife were made friends. Swom, 23 : 7 : 1670, before 
Wm. Hathome,* assistant. 

Mary Hudson, aged about fifty years, deposed that Benjanun 
Chaundler boarded with the Beale's and she had seen Beale's 
wife come to the house in which deponent then lived with her 
face scratched and complaining of her husband's abuse. Swom, 
23 : 7 : 1670, before Wm. Hathome,* assistant. 

Mary Doninge, aged thirty-one years, deposed that Alexander 
Giligan came to the house where she lived and said that Mrs. 
HolUngworth said to Beale's wife that her husband would not 
join the church so long as such as she was in it, etc. Sworn, 
26 : 7 : 1670, before Wm. Hathome,* assistant. 

Wm. Hollingworth's bill of cost, Hi. 9s. 2d. 

Magaret Benet, aged sixty-four years, deposed that Beale 
came to her house and asked for lodging, which they gave him 
from Saturday night imtil Monday morning, etc. Swom, 26 : 
7 : 1670, before Wm. Hathome,* assistant. 

Mary Doninge, aged thirty-one years, deposed that Beale's 
wife came to her house, asked for Benjamin Chandler and said 
that her husband was jealous of him. Further, she said that 
her husband said all her children were bastards save one and 
that if she would send for her brother Hoult to give assurance 

^Autograph. 



282 IPSWICH QUABTEBLT COT7BT [Sept. 

Wm. Beale v. Thomas Gatchell and Henry Codner. Verdict 
for plaintiff.* 

John Bridges v. Joshua Boynton. Debt. Withdrawn. 

Mr. Anthony Crosbie v. John Tod. For detaining fifty-eight 
pounds. Verdict for defendant.f 

for the means that he had, he would leave all to him and be gone 
and leave her. Sworn, 26 : 7 : 1670, before Wm. Hathome,} 
assistant. 

John Hudson, aged about fiftynseven years, deposed that 
Beale came to his house, etc. Also Beale's wife came at one 
time and said that she intended to go away on some vessel on 
account of her husband's abuse, etc. Sworn, 23 : 7 : 1670, 
before Wm. Hathome,} assistant. 

John Gatchell, jr., aged about twenty-five years, deposed that 
Beale came to his father's house, etc. He said that he took an 
ax and beat down Benjamin Chandler's cabin to try to expel 
him, etc. Sworn, 23 : 7 : 1670, before Wm. Hathome,| assist- 
ant. 

*Writ: William Beal v. Thomas Gatchell and Henry Conder; 
for coming to the house of plaintiff, besetting it with clubs, say- 
ing "come out you cuckolly curr: we are come to beatt thee: 
thou liuest in adultery;" dated Sept. 19, 1670; signed by Moses 
Maverick,t for the court; and served by James Dennis,} con- 
stable of Marblehead. 

Bill of cost. Hi. 4s. 

Jeremiah Gachell and Thomas Gachell promised to carry 
themselves civilly and honestly without further trouble. 

Copy of writ in action of Beale v. Downing and Bennett, taken 
from Salem court files, July, 1667, also records of 29 : 4 : 1668, 
and depositions Jime, 1669, made by Robert Lord,} cleric. 

John Gatchell, sr., aged about fifty years, deposed that after 
Beale beat down Chaundler's cabin, the latter went to Devoruxes, 
and there Beale's wife went to complain to said Chaundler about 
her husband, etc. Sworn, 23 : 7 : 1670, before Wm. Hathome,} 
assistant. 

tWrit: Anthony Crosbee of Rowley v. John Todd of Rowley; 
for detaining 581i. respecting exchange of land; dated 21 : 7 : 
1670; signed by Tho. Leaver,} for the court; and served by 
Richard Holmes,} constable of Rowley. 

John Tod's bill of cost, 18s. 4d. 

Copy of Ipswich court record in the action Todd v. Crosbie, 
Mar. 27, 1666, also depositions. 

Letter of attorney, dated Sept. 26, 1670, given by John Tod} 
of Rowley to John Hckard of Rowley. Wit: Robert Lord, 
sr.,} and Robert Lord, jr.} 

Autograph. 



1670] BECOBDB AND FILBS 283 

Edmond James v. Tho. Davis. Debt. Verdict for plaintiff.* 
Frances Wainwright v. Phillip Bab. Debt. Verdict for 
plaintiff.f 

Ezekiel Northend and Anthony Austin testified that they being 
present with Mr. Crosbey and Goodman Tod, heard the former 
demand 581i. which Tod had received of him by way of booty 
in two exchanges about land. John Tod said, '4t is true I haue 
received soe much money of you but how shall I be paid for my 
labour I haue bestowed on the land: for I reckon the land is so 
much better by my Husbandry," and he agreed after that was 
settled to give him credit for it. Tod also said that 31i. of the 
581i. he should have received in a bill of Samuell Brocklebank's 
but it fell so far short that he never received it. Sworn in court. 

John Pickard, aged about forty-nine years, deposed that soon 
after the controversy began, he heard Mr. Crosbie say to John 
Tod that he would have the 581i. Tod replied, upon condition. 
Deponent saw that Tod had acted indiscreetly in promising to 
return the money he had received to boot, whereas the land was 
taken from him against his will and the release not complete. 
So he conferred several times with Goodman Northend, who told 
him that he and Richard Longhom were asked to judge how 
much more the land was worth, but they refused. So the busi- 
ness was left and Goodman Northend blamed Mr. Crosby that 
he did not follow up John Tod then. Sworn in court. 

*Writ: Edmund James of Merrimack v. Thomas Davis of 
Merrimack; debt; dated Sept. 19, 1670; signed by Nath. Sal- 
tonstaU,:]: for the court; and served by David Haseltine,]: con- 
stable of Merrimack, by attachment of a black steer of defendant's. 

John Tennie, aged about twenty-nine years, deposed that 
Davis was to give James pay in wheat and Indian com. Sworn, 
Sept. 26, 1670, before Natii. Saltonstall,t commissioner. 

Agreement, dated June 12, 1669, between Thomas (his mark) 
Davis and Edmand James, said Davis promising to pay 47s. 2d. 
for the cloth he had of James to Merchant Wainright of Ipswich 
in wheat and pork and also 45s. toward the cow that died, and 
45s. in Indian com at the now dwelling place of said James, etc. 
Wit: George Abbottt and John Tenny.t 

Thomas (his mark) Davis and Echnund Jamest chose Gorge 
Abit, sr., of Andever and John Tenny of Merimak, as arbitra- 
tors. Wit: George Abboott, sr.,t and John Tenny. { 

fWrit, dated July 19, 1670, signed by Peter Twisden,t for the 
court, and served by Aiidrew (his mark) Deaman,]: constable of 
Smuttynos Island, at the house of Philip Bab. 

Letter of attomey, dated Sept. 8, 1676, given by Phillip (his 
mark) Babb§ of the II of Shoales, fisherman, to Mr. John Payne 

tAntograph. SSeal. 



284 IPSWICH QUARTERLY COURT [Sept. 

Frances Wainwright v. Hackaliah Bridges. Debt. Verdict 
for plaintiflf.* 

Mr. Jonathan Wade v. Richard Endle. Debt. Verdict for 
plaintiff, f 

of Ipswich, merchant. Wit: Nath. Fryer,} John Barry} and 
Nathaniell Piper.} Sworn in court. 

Francis Wainwright's bill of cost, for 6 days for a man to go 
to the lies of Shools to arrest him, 12s., etc., total, lli. 10s. 6d. 

Jno. Wainwright deposed that he made up the account between 
his father, Francis Wainwright and Mr. Phillip Babb, etc. Sworn 
in court. 

♦Writ, dated Sept. 19, 1670, signed by Robert Lord,} for the 
court, and served by Robert Lord,} marshal of Ipswich, by 
attachment of a debt in the hands of Robert Dutch due to Hack- 
aliah Breges. 

Bill of cost against Hakoliah Bridges of Salem, 18s. 2d. 

Hackoliah Bridges, Dr., 6:9: 1667: To Brandy 1 gallon, 8s., 
the balance of yor. former accot., 8s.; July 12, 1669, to 8 1-2 
yds. dowlis at 4s. 6d., lli. 18s. 3d.; to a parsell Cambricke, 6s. 
3d.; thrid, 2d.; 3 1-2 yds. of oszinbrigs at 2s., 7s.; Aug. 5, 1669, 
to 1 Guilt Bible, 10s. 6d.; 1 1-2 yd. slezy hollond at 4s., 6s.; 
total, 31i. 16s. 2d. This account Bridgis promised to pay to 
Stephen Haskit of Salem. 

Stephen Haskit of Salem deposed that he went with Francis 
Wainwright to Hackoliah Brieves and he promised to pay him 
above three pounds, etc. Sworn, Sept. 28, 1670, before Daniel 
Denison.} 

Thomas Booen, aged about forty-seven years, deposed that 
he heard Frances Wandret, on Sept. 16, 1670, ask Hachaliah 
Bridges for a note to Goodman Duch for a parcel of fish which 
he was informed was in said Duches hand. Said Bridges replied 
that the fish was none of his for it was already engaged but he 
would pay him in brick. Wandret said he would take anything 
and told him not to meddle with the fish. Sworn by Bowen and 
his dau^ter Ruth, 23 : 7 : 1670, before Wm. Hathome,} assistant. 

tWrit, dated July 13, 1670, signed by Peter Twisden,} for the 
court, and served by Andrew (his mark) Daimont, constable of 
Smuttynos Island. 

Bond, dated Dec. 3, 1669, given by Richard Endell} to Mr. 
Jonathan Wade, for 141i. 13s. lid., to be paid in codfish at the 
He of Shols. Wit: John Newmarch} and Nathaniell Wade.} 
Sworn in court. 

Jonathan Wade,} on May 22, 1669, gave letter of attorney to 
Nathaniell and Thomas Wade, his sons. Wit: Elihu Wardall. 
Sworn in court. 

I Autograph. 



1670] RECORDS AND FILES 285 

John Devorix v. Mr. Moses Maverick, Capt. James Smith, 
Rich. Rowland and John Peach. Verdict for defendants. Court 
abated 6s. of the fine, Waiter Fairefield not showing a letter of 
attorney from Mr. Maverick.* 

Merchant Thomas Bishop testified that he put off fish in 1666 
at 13s. per quintal, at the lie of Shoals. Sworn in court. Nath- 
aniell Wade's bill of cost, lU. lis. 2d. 

Richard Endall certified, Dec. 19, 1667, that there were llli. 
2s. yet due to Wade upon the price of fish m 1666, which said 
Wade had power to recover by law. That is, if the current 
merchantable price of fish was 26 ryalls per quintal, then there 
was the abovesaid sum due said Wade, but if 32 ryalls was the 
price then said Endall was free from this sum, etc. Wit: Thomas 
Wade and Gilbert (his mark) Call. 

*Writ, dated 19 : 7 : 1670, signed by Hilliard Veren,t for the 
court, and served by James Dennes,t constable of Marblehead. 

Defendants' bill of cost, lli. 17s. 

John Slead, aged about twenty-five years, and John Foard, 
aged about thirty-three years, deposed that sojourning at Mr. 
Devorix house nearly twelve^ months and working daily upon his 
farm, they were well acquainted with every part of it and often 
saw several stakes standing in the Une between Devorix farm 
and the farm late of Mr. Himifryes run by Mr. John and Samuell 
Gardner some time before. Afterward several of the stakes were 
pulled up, the holes plainly showing, and several stakes were 
put down in the line that was run by one Leift. Fisher. Deponents 
were present when he ran the Ime in May last, which ran wide 
of the former one into Mr. Devorix farm, but there could not 
have been less than two acres taken in by said Fisher, of the 
best land full of good timber, worth not less than eight or ten 
pounds. Further, the fence that Capt. James Smith set up 
runs in the line said Fisher ran, etc. Sworn, 21 : 7 : 1670, before 
Wm. Hathome,t assistant. 

Copy of depositions in Salem court files, 28 : 4 : 1670, made 
by Billiard Veren,t cleric. 

John Slead and John Foard deposed that they saw daUy cattle 
feeding upon this farm and many swine to the number of one 
hundred, for want of the fence to be set up by the proprietors 
of the farm called Mr. Humfryes' farm. The com of said Dev- 
orix was in constant danger, so that he was forced to keep watch 
every day and mostly sJl night, and his damage had been at 
least 201i. Also said Devorix lost a horse and a bull which strayed 
away on account of the fence, the horse being lamed and spoiled, 
and the bull mired and lost, only the hide being of value, with a 

t Autograph. 



286 IPSWICH QUABTEBLT COUBT [Sept. 

Mr. Wm. Holingworth v. Wm. Beale. Slander. Verdict for 
plaintiff.* 

damage of six or seven pounds. Sworn, 21 : 7 : 1670, before 
Wm. Hathome,t assistant. 

James Dennes, aged about twenty-nine years, deposed that 
he was with the commoners when they ran the Ime and they 
desired deponent, John Peach, sr., and John Pitman to go to 
John Deverickes to ask him to go with them but he refused, say- 
ingy '' Jentel men doe what youe please I will not Com a monst 
youe for my lien is all Readdy Ren," etc. Sworn, 26 : 7 : 1670, 
before Wm. Hathome,t assistant. 

Nathaniell Walton, aged about thirty-two years, deposed. 
Sworn in court, 28 : 4 : 1670, and copy made by Hilliard Veren,t 
cleric. 

John and Samuell Gardener, aged about forty-five and forty- 
three years, deposed that in the spring of 1668, they were desired 
to run the line by the present plaintiff and defendants. They 
brought deponents to a tree called Ruck's tree, thence to another 
bound by the sea side, and Major Hathome being present, they 
ran the line, putting in a stake every twenty poles. All present 
agreed to these bounds. Sworn, 7:4: 1670, before Wm. Hath- 
ome,t assistant. Copy made by Hilliard Veren,t cleric. 

•Writ, dated 21 : 7 : 1670, signed by Hilliard Veren,t for the 
court, and served by James D^mes,t constable of Marblehead. 

Willi. HoUingworth's bill of costs, lli. 7s. 

Richard Norman deposed that some time the past summer 
William HoUenwood came to his house in the night very late 
and knocked at the door. Deponent arose and let him in and 
he was very dirty and by his behavior seemed to have drunk 
too much. Sworn, 26 : 7 : 1670, before Wm. Hathome,t assist- 
ant. 

Sarah Crocker, aged twenty-eight years, deposed that about 
a year and a half ago, Mr. More, Goody Beale and herself were 
in company and speaking about a cloak. Goody Beale said 
that she heard nobody's name but WiUiam Hollingworth's and 
his wife's. Mr. Moore said that "wee Came ouer the ferry first 
& yt his Brother Richard spread his Cloake on ye groimde for 
goody Becket & his wife to sit on for feare of Caching Cold; 
alsoe M' Moore sayed ye Cloake was gon wee knew not which 
way 4 sayed yt hee was sorry his Brother shold Loose such A 
good Cloake; & alsoe sayed yt there was very high words on 
both sides; and alsoe sayed that hee was verry much troobled 
that there was such A disturbance in ye Company. M' Moore 
carried us into his Kichen where was William Hollingworth but 
I did not here him spake aboute it & for ought I saw they all 

tAutograph. 



1670] BBCOBDS AND FILES 287 

Elieazar Gyles v. John Southwick. Trespass in com. With- 
drawn. 

Henry Archer v. Sergt. Thomas Bumam. Verdict for defend- 
ant.* 

Jo. Rayment v. Sergt. Thomas White. Debt. Withdrawn. 

parted friends & satisfied." Sworn, 26 : 7 : 1670, before Wm. 
Hathome,t assistant. 

Richard Kemball, Thomas Fiske and Thomas White deposed 
that about two years ago, being at Salem at the Artillery, at 
night they went to the ferry to go home to Wenham. They met 
with Mr. William Hollenwoode and several other gentlemen in 
company with him going over the ferry from Wenham, and as 
they came out of the boat, deponents went in. But before the 
boat put from the shore, said HoUenwood charged the ferryman 
to stop his boat for he said he had -lost a cloak, and charged 
deponents with stealing it. It afterward appeared that one of 
his company carried it away, and they looked upon him as dis- 
tempered. Sworn in court. 

Mary Hudson, aged about fifty years, deposed that she heard 
William Beale's wife say that William Hollinworth gave a barrel 
of wine to some of the church of Ipswich to make friends to get 
his children baptized. Sworn, 23 : 7 : 1670, before Wm. Hath- 
ome,t assistant. 

Samll. Gachell and Bethieah Gachell testified, 2:7: 1670, 
that they heard the wife of William Beale say that William Hol- 
lisgworth was drunk and that was why he lost his cloak, and 
that it was the next day after said Holingworth's children were 
baptized at Ipswitch. Sworn, 21 : 7 : 1670, before Wm. Hath- 
ome,t assistant. 

*Writ: Henry Archer v. Sergt. Thomas Bumam; non-pay- 
ment of 1111. in malt, for so much paid for his use to Mrs. Joana 
Tuttle many years since; dated Sept. 3, 1670; signed by Robert 
Lord,t for the court; and served by Robert Lord,t marshal of 
Ipswich. 

Tho. Bumam's bill of cost, 98. lOd. 

Thomas Bumam and wife Mary deposed that Goodwif e Archer 
said of this paper they received of their brother Perepoint that it 
was upon her request and that brother Perepoint told them when 
they received it that they need not trouble Goodman Bumham 
about it. 

Mary, wife of Thomas Bumum, aged about forty-six years, 
testified that about two years before, she met with Nathaniell 
Stow going down meeting-house hill near the bridge end and 
asked him about the business between her husband and Henery 
Archer, if he could remember an3rthing that would give any 

fAutogrAph. 



288 IPSWICH QUARTERLY COURT [Sept. 

Mr. Thomas Cobbitt v. Capt. Wm. Davis and Capt. Tho. 
Clarke, administrators of the estate of Mr. Valentine Hill. Debt. 
For himself and Jane Skipper. Defaulted. 

Richard Bedford v. Frances Johnson. For an accoimt of a 
fishing voyage. The attachment being returned by the con- 
stable of Marblehead, and the defendant being called three times 
did not appear. Upon examination, the constable's return 
appeared defective and the case could not proceed. 

Mr. Harlackenden S3maonds v. Capt. Walter Barfoote. Unjust 
molestation. Defaulted. 

Benjamin Boflfe, John Poore, jr., Frances Thurly, Nicolas 
Batt, Job Pilsbery and Samuell Plumer of Newbury, being 
returned by the secretary took the freeman's oath. 

light upon it. Then going up the meeting house hill to his sister 
Archer's, said Stow said he could not, etc. 

Nathanell Stow, aged about forty-eight years, deposed that 
being at Boston, he went with his brother John Peirpoint and 
saw him pay seven pounds in money to Mistriss Tuttell and take 
a discharge, which writing deponent witnessed. Deponent 
imderstood that his brother Archer ordered his brother Peirpoint 
to pay this money for a debt which Thomas Bumam owed to 
Mistress Tuttell, and said Bumam was to pay to Archer malt 
at Ipswich for the said eleven poimds. Sworn, 12 : 7 : 1670, 
before Timothy Wheller* and John Smith,* commissioners of 
Concord. 

Thomas Bishop, aged about fifty-two years, deposed that 
Thomas Bumam sent a note by him to Mr. Jno. F^rpoynt of 
Roxburough to ask what he knew about the debt, but he could 
tell little or nothing and said he would have his books searched. 
Sworn in court. 

John Peirpoint, aged fifty-one years, deposed that he being at 
Boston met with Thomas Bumam of Ipswich and he was very 
importunate with deponent to pay llli. for him to his mother- 
in-law Mistriss Tuttell, saying that she was going out of the 
land and he could not pay her in such pay as would well answer 
her ends, etc. Sworn, Sept. 17, 1670, before Edward Tyng,* 
assistant. 

Joana Tuttell* certified. May 29, 1651, that whereas Thomas 
Bumam of Ipswich having received goods of Mr. John Tuttle of 
Boston and being engaged to pay malt for the same, she had 
received the llli. in silver of John Peirpont of Roxbury for the 
use of her husband John Tuttle. Wit: Nathaniel Stow.* 

* Autograph. 



1670] RECORDS AND FILES 289 

Samuell Coming was licensed to keep the ordinary at Beverly 
for one year, also to draw liquors but not to suffer townsmen to 
drink liquors in his house. 

Ensign John Gould had his license to sell cider and Uquors 
renewed until the March court, but not to suffer townsmen to 
drink Uquors in his house. 

Quartermaster Perkins had his license to keep ordinary renewed 
for a year, also his license to draw liquors. 

Adam Westgat acknowledged judgment to Capt. Georg Corwinu 
of Salem. 

Daniell Pearce, constable of Newbuiy, was fined for making 
return of a juryman who was not chosen. 

Wm. Titcombe was fined for presenting himself to serve on 
the jury when he was not chosen. 

Complaint being made of a mistake in judgment between the 
town of Marblehead and John Devonx and that some of the 
town since have pulled down the Devorix fence, court ordered 
that there should be no more disturbance imtil the next Salem 
court when the matter was to be heard. 

Tho. Perkins of Topsfield was released from training, paying 
6s. yearly to the use of the company. 

Ens. John Gould was allowed costs in an action brought by 
Edw. Bridges and not prosecuted. 

Richard Bartlet was sworn constable for Newbury. 

John Webster was released of his bond for good behavior. 

Bobert Crose, presented for excessive drinking, was fined, he 
having owned it. 

Wm. Damford, presented for excessive drinking, was fined. 

Court having heard the cases of Wm. Titcombe, Henry Jaquis, 
Thomas Thurla and Frances Thurla, in regard to a seeming con- 
tradiction concerning oaths at Salem court, they were severely 
admonished for fallacy and unwariness in their oaths.* 

*Copy of Salem court record, 28 : 4 : 1670, concerning this 
complaint, made by Hilliard Veren,t cleric. 

Peter Cheny and his wife deposed that Henry Jaques came 
into their house the night they came from the arbitration and 
said that they had agre^. Sworn in court. 

Hanah Cheny deposed that Henry Jacques said also that he 
could not agree that Harison should pay foiur pounds in com 

t Autograph. 



290 IPSWICH QUABTERLT GOUBT [Sept. 

and four pounds in cattle, for he did not know where the poor 
fellow coidd get it. Indeed, he did not know when he himself 
could get so much in such pay. 

Richard Thorla deposed. Sworn in court. 

Award of the arbitrators, signed by William Titcome* and 
Jonathan Plats,* dated Oct. 26, 1669, that said Harison should 
pay said Woolcott 81i. in com or cattle or service to this amoimt. 
Wit: Tho. Thorla* and Frances Thorla.* 

John Knight's* plea: ''May It please the honord Coart Asem- 
bled at Ipswich I am willing to giue your worships alitle light 
into the case between woolcot and hareson althou the simpill boy 
is in great fait to goe away as hee did hauing no frend to coun- 
sell Mm and I knowing nothing of his mind in that kind from 
him : yeat canot but pitty him for his folly and soff aring therby : 
hereing that he Cam of good frends and brought into this C!oun- 
tary and sold contrary to Couenant: and now Uing in Irons for 
which case I humbly consaue John Woolcot is the cause of for 
had hee Atended the honared corts order by ius own Consent 
ther would haue ben no need of this troobl: for ferst he denied 
to haue the case arbitrated by thos men youer worships apointed 
and contrary ther to hee atached us both to Sallem Cort last 
Jun then let fall his action and ataged hareson again to Ipswig 
Cort: befor Sallem Cort was set I gaue sequrity to the Constable 
for his aperence at Ipswig Cort last: yeat when I was gon to 
boston: quikly after hee seses upon him and pouts liim in Ipswig 
prison and I being from home he toock the aduantag and the 
bwoy knouing not what to dou haueing no frend hee Condesend 
to woolcot to pout it to too men of woolcots Chosing as I hear 
and the bwoy chos on: which I humlly consaiv is contrary to 
lawe and Reaon Espesially If the bwoy wear not 21 years of age: 
besids on of the arbitrators Afirms hee neuar agreed to that deter- 
menation which nou hee sues for naither was I thear or kneu of 
it when it was|| Agreed by to of them|| and wharas woolcot Com- 
plains of him its Uck hee haue Case: but whear a seruant is in 
any houes wher no Cristian duty is performed nor Regard to 
Instruckt such young ons wil be bad enouf and for a seruant 
to be Cept almost nakd hck a hethen and left alone in his work 
and none to luck aftr him weeck after weeck ad so mimths a 
man Cannot xspeckt much semis vnles Consienc binds:. . . 
I sent my Sune and Wil harsson to Woolcots houese in may when 
the honord cort Apointed the case to be arbitratd ad he denied 
it and would not." He further said that the boy had been kept 
in prison at Boston, could not send to Nubery and had no opp^- 
tunity to prove his case. The evidence was taken out of Ttis- 
tram Coffin's keeping and what alteration was made they know 
not, etc. 

* Aatograph. 



1670] RECORDS AND FILES 291 

Ordered that the selectmen of Ipswich take care that the 
bridge over Ipswich river be made secure. 

Whereas the constable of Nubury has returned that Mr. Dum- 
mer, Mr. Woodman and Wm. Titcombe were chosen commis- 
sioners to end small causes, court would authorize the appoint- 
ment of Mr. Richard Dummer, Mr. Joseph Hills and Mr. Henry 
Sewall, when the town shall so signify under the constable's 
hand, provided the major part of the freeman in meeting assem- 
bled and called for that purpose declare their assent which the 
constable is required to certify before a magistrate and to give 
notice to the constable to warn them to make oath before a 
magistrate according to law. 

Inventory of the estate of John Mussellwhite, lately deceased, 
taken Mar. 23, 1669-70, by Nicolas Noyse and Richard Dole, 
and allowed Sept. 27, 1670, in Ipswich court: By bond in Samuell 
Plmner's hand, 201i.; by Benjamin Roffe, for house and land, 
18Ii.; John Emery, for meadow and rent, 51i. 10s.; wearing 
clothes and bedding, 31i. 6s.; two iron potts, pothookes, two 
brasse skiUetts and a greidiron, lli.; a case of bottles & speck- 
tacles, 5s.; fower ould books & an old chest, 5s.; provissions to 
Benjamin Roffe, 31i. 6d.; by Sam. Plmner payd to Richard Dole, 
lli.; another great chest, 6s.; total, 521i. 12s. 6d. Debts and 
charges from the estate: For diate & attendance for 7 months 
to Benjamin Roffe, 51i. 12s.; for 5 pound of tobaco & 3 gallons 
of liquors, lli. 6d.; for makeing his wastcoat & drawers & cloths, 
Ih. 6d.; for mending of shoes & stockings. Is. lOd.; for wood & 
carrying in 1667 and 68, 15s.; paid to Susan Cartwright by his 

order, 21i.; to Henry Ak & Sam. Merick, Hi.; for several 

writings to Richard Knight, 6s.; to Thomas Hale, sr., 28. 4d.; 
to Thomas Silver, Ih. 10s.; to Richard Dole, 21i.; the coffin & 
Funnrall, lli. 15s.; charges at the court, 21i. 5s.; by his will to 
Tho. Hale & Richard Knight, lU.; to Benjamine Roffe by his 
will, 21i.; total, 221i. 8s. 2d. [Original on file in the Registry of 
Probate.] 

CouBT HELD AT Salem, 29 : 9 : 1670. 

Judges: The Worshipfull Mr. Simond Bradstreete, Mr. Sam- 
uell Simonds, Major Daniell Denison and Major Wm. Hathome. 

Grand jury: George Keaser, Frances Skerry, Christopher 
Babadge, Jacob Barney, jr., Wm. Bartoll, Lott Conant, William 



292 SALEM QUARTERLT GOUBT [NoV. 

Allen, sr., John Pearce, Hen. Collens, sr., Hen. Silsby, Nathanll. 
Kertland, Wm. Clearke, William Geere and John How. 

Jury of trials: Mr. Richd. Moore, Nathanll. Putnam, Thomas 
Jegles, Eleazer Gidney, Leift. Samll. Ward, Mr. Paule Thome- 
dike, Frances Norwood, Mr. Jno. Hathome, Theophilus Baily, 
Richard Haven, Samll. Johnson and Thomas Fiske. Robert 
Lord, in Mr. Hathome's action. 

John Mastone, warned to attend upon the grand jury and 
not appearing, was fined. 

Leift. Ward was fined for absence from the jury of trials. 

Mr. Thomas Cobbitt v. Capt. Wm. Davis. Debt. Verdict 
for plaintiff. 

E^hram Fellows v. Obadiah Bridges. For assaulting him 
upon the King's highway and abusing him by words and blows. 
Verdict for plaintiff.* 

♦Writ, dated Nov. 17, 1670, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Aphrahm Pholus' bill of cost, lli. 8s. 6d. 

Obadiah Bridges and Ephr. Fellows, both of Ipswich, on Nov. 
26, 1670, chose Sam. Appleton and Ez. Rogers, both of Ipswich, 
arbitrators, and agreed that the case should be heard on Nov. 28, 
at the house of Quartermaster Perkins. Wit: Nath. Wade and 
Sam. Gidding. 

Thomas Stephens, aged about twenty years, deposed that as 
he came from Ipswich he met Andrew Petters and Obadiah 
Bridges upon the way and they went one upon either side of 
him, laid hold on him by the shoulders, examined him and forced 
him to declare what he was and whose man before they would 
let him go home. After them he met Mr. Nathaniell Wade and 
Ephriam Fellewes, who let him pass peaceably with a good night. 
This was the same night that they fell out on the way, and they 
would not let him go until they saw Mr. Wade and Ephriam 
in sight. Sworn, Nov. 29, 1670, before Daniel Denison.t 

Nathaniell Wade deposed that coming from Wenam with 
Goodman Peters, Obediah Bridges and Ephraim Fellows, Peters 
and Bridges would be sometimes before Fellows and himself and 
sometimes behind, and in Mr. Samuell Apelton's farm, rode 
before until they came to MiUe bridge. Then they faced about 
on the bridge, their horses' heads toward Wenam. '1 Rideinge 
a little before Ephri: I Came on the Bridge while I came almost 
to the heather end where peters and Bridges stoode and the sayd 
Bridges tooke my Horse By the bridle and bid me stand but I 

1 Autograph. 



1670] BBGOBDS AND FILES 293 

John Goold v. Edmond Bridges. For not fulfilling a bargain 
in setting his hand to a deed of sale of land. Verdict for plain- 
tiff. Said Bridges was to sign the deed of the house and land in 
Topsfeild or pay said Gould 1501i.* 

toold him that I would not stay I would goe home about my occa- 
tions. Bridges told me he would make me stay and lite my 
pipe in the Brooke before he would let me goe, then I Lit off my 
horse, and he off of his Horse, by that time Ephraim Came up 
and he asked what was the matter and Obediah Bridges stoptt 
him also and tooke his horse by the Bridle and answered that it 
was the Kings highway and as free for him as for Bridges, and 
told him if he would not let his horse bridle goe he wold hit him 
and told him so twice or thrice but Bridges refused to Let the 
bridle goe, and Ephraim hit him a blow about the hed and gaue 
two or three lifts at him to shove him aside, then Bridges let goe 
the bridle and swore by god that he would Kill the Dimll and 
had like to haue fiunge f^h"" downe; beetinge him, riseinge and 
fallinge, but Ephr™ recouering struck Bridges who lay on his 
back and Eph' sat on him || but did not strike a blow || and asked 
him why he did abuse him so on the highway and told him he 
would let him risse if he would be quiet and let him go home, 
but he refused and liftinge up his great body with a halfe rowle 
or two, got him off, and got upon Eph'°^ Swaringe by god he 
would bete him in to the earth, and wisht he might be drowned 
in the broock if he had not a good minde to beet him too pecese 
layinge on as fast as he could well strike upon his face and hed 
w^ both hands swaringe by god that he would' kill the Damned 
Dogs Andrew Peters standing by Criing Kill the dog kill the dog, 
so endmg his Fighting he fell to Swaringe then I this deponent 
toold him that he did Like a fool, first for stoppinge us and then 
for abusinge Ephraim: then he Swared by god if I called him 
fool againe he would be the death on me.'' Sworn, Nov. 17, 1670, 
before Daniel Denison.f Ephraim Fellowes affirmed the same in 
court. 

John Whipell, jr., aged about thirty-eight years, deposed that 
being in Goodman Bridges' shop, he heard Andrew Fetters say, 
etc. Sworn, Nov. 29, 1670, before Daniel Denison.t 

Peter Stickland, aged twenty-four years, deposed that he was 
sitting by the fire at Ephraim Fellows' the last Saturday and the 
latter spit black blood. Said Fellows also affirmed "y^ he does 
spitt blood euery daye." Sworn in court. 

♦Writs, dated Sept. 29, 1670, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich, who 
committed Edmon Bridges to prison. Bond of Thomas White,t 
Walter Fayerfieldf and William Beale.f 

tAotograph. 



294 SALEM QUABTBRLT COUBT [NoV. 

John Gould's bills of cost. 111. 9s. 8d., aad 41i. 10s. 2d. 

Isack Estey* acknowledged that he received in April, 1669, 
from John Goold, five poimds for Edman Bridges. Wit: John 
How and Even (his mark) Moris. 

Judgment in this action. 

John Newmarch's* receipt, dated 25 : 9 : 1670, to John Gould 
for the use of Edmon Bridges, jr., for eight pounds. 

John Numarch deposed. Sworn, Nov. 25, 1670, before Daniel 
Denison.* 

William Browne's* receipt, dated July 23, 1669, to Mr. Jno. 
Goold of Topsfeld, for 301i. 17s. 9d., for a debt that Edmand 
Bridges owed him. 

Thomas Bishop* testified that he having a bill of Edmimd 
Bridges, sr., and the latter not paying him, deponent sent an 
attachment to him. Then he came and had John Gold engage 
to pay this debt. Sworn, Nov. 26, 1670, before Daniel Denison.* 

An accompt of what is paid to Edmond Bridges: to Capt. 
Currell, 281i. 8s. 6d.; to Mr. Will. Browne, sr., 30H. 17s. 9d.; to 
Mr. Buship, 61i. 10s.; to John Newmarsh, 81i. 4s.; Isack Estick, 
51i.; total, 79U. 3d. 

Copy of deed, dated Dec. 9, 1670, from Edmond Bridges of 
Salem, blacksmith, to Ensign John Gould of Topsfield, yeoman, 
eight acres, with a dwelling house and bam in Topsfeild boimded 
on the northeast by land of Thomas Perkins, sr., east or south 
east by land of Jacob Townes, west or southwest by land now in 
the possession of John Robinson and south by land of Edmond 
Townes; also a parcel of land on the south side of Ipswich river 
of about ten acres, bounded by the river on the northeast, com- 
mon land of Topsfeild on all other sides; said Gould having had 
possession of the land since 1668. Wit: Thomas White and 
Walter Fayerfield. Acknowledged, 10 : 10 : 1670, before Wil- 
liam Hathom, assistant. Recorded, 14 : 10 : 1670, in Salem, 
in book 3, folio, 101, by Hilliard Veren,* recorder. 

Philip Welch deposed that sometime the last winter he went 
with Ens. John Gould to the house of Isack Estick, and Edmond 
Bridges came in, who falling into discourse with Jacob Townes 
and Isack Estick about getting clapboards for his house, not 
knowing where to get them, desired Ens. John Gould to let him 
get them upon his division. Deponent asked if the division were 
his or Ens. Gould's to which Bridges repUed that he had nothing 
to do with it. Sworn in court. 

James Hanscomb deposed that Edmond Bridges asked him to 
write a deed of sale for the house and land in Topsfeeld, etc. 
Sworn in court. 

Thomas Perkins, John Robinson, Even Moris and John How 
deposed. Sworn in court. 

^Aatograph. 



1670] RECORDS AND FILES 295 

Ephraim Fellows was allowed costs in the action against 
Obadiah Bridges, the latter not prosecuting. 

John Gould v. Ed. Bridges. Debt. Verdict for plaintiff. 

Edmond Bridges v. John Goold. Verdict for defendant.* 

The selectmen of L3ai, in behalf of the town v. Edward Richards 
and wife Ann. Defamation. For her saying that the selectmen 
stole their wood, carried it to the alehouse and sold it. With- 
drawn. 

Walter Fayerfeld, aged about thirty-eight years, deposed. 
Sworn in court. 

Deed, dated Mar. 1, 1668-9, from Edmond Bridges} [no signa- 
ture] of Salem, blacksmith, for 751i., to John Gould of Topsfeeld. 
Lot bounded as in deed dated Dec. 9, 1670. William (his mark) 
Towne,t Joseph (his mark) Towne,t Johanah (her mark) TowneJ 
and Pheby (her mark) TowneJ surrendered their inter^ in the 
premises. [No witnesses.] 

Thomas Backer deposed that Bridges said if Ens. Gould would 
come down to Salem he would sign the deed, but when he came, 
said Bridges refused unless he would give him forty shillings 
more. Sworn in court. 

Edmond Bridges! of Topsfeild, on Apr. 4, 1668, acknowledged 
a debt of 3Ii. 15s. to John Gould, to be paid in money or wheat 
at money price, delivered at Ipswich, and to allow the freight to 
Boston. Bond of Hackaliah Bridges,! his brother. Wit: John 
Howf and John Perkins.t Sworn in court. 

Even Moris deposed that he saw Bridges give Gould possession 
by turf and twig before witnesses, previous to said Bridges remov- 
al to Salem. Sworn in court. 

Thomas Perkins deposed that he was at the house when Bridges 
was removing to Salem, and saw him deliver the key to Gould, 
after all were out of the house. Sworn in court. 

John Robenson testified. Sworn in court. 

John How deposed that Bridges sold his house to pay debts 
which deponent saw Ensine Gould engage to Captain Corwin, 
etc. Sworn in court. 

Robert Lord, jr., deposed. Sworn in court. 

*Writ: Edmond Bridges v. John Goold; for not paying six 
pounds to Mr. William Symonds on his behalf; dated Sept. 28, 
1670; signed by Tho. Fiske,t for the court; and served by Hen- 
ery Skerry,t mar^al of Salem. Bond of John Gould-f 

John Goiild's bill of cost, 6s. 

Mr. Willaum Simons and Robart Lord, marshal, deposed that 
they heard John Gould promise to pay said Simons to satisfy the 
execution, etc. Sworn in court. 

t Avtograplu t Seal. 



296 SALEM QUABTBRLT COUBT [NoV. 

William Lake, husband of Anna, daughter of Mr. John Straiten 
V. Thomas Cauly. For refusing to give possession of a parcel of 
land that was foimerly Jno. Straton's, mortgaged to Major Gib- 
bens, deceased, and by him given to said Anna, now wife of 
William Lake. Withdrawn. 

The selectmen of the town of Lynn, in behalf of the town v. 
Edward Richards. For affronting the selectmen upon the town^s 
commons, meeting them with a club and striking their cattle. 
Withdrawn. 

Eklmond James v. Thomas Davis. Non-payment of a debt 
of 45s. Verdict for plaintiff.* 

Tho. Pitnam v. Peeter Miller. For 21i. lis. 2 l-2d. due for 
his part of salt upon a fishing voyage. Withdrawn. 

John Martin v. Robt. Dutch. For withholding 35 quintals of 
refuse fish. Withdrawn. 

Peeter Miller v. Tho. Pitnam and Mr. Moses Maverick. 
Account of a fishing voyage. Withdrawn. 

Edward Woolen v. Steephen Haskett. Debt delivered him 
in refuse fish. Special verdict returned by the jury, that if the 
paper said Haskett signed upon receipt of his fish were legal, 
they found for the plaintiff, if not, for the defendant.! 

*Writ: Edmand James of Rowley v. Thomas Davis; non- 
payment of a debt; dated 28 : 7 : 1670; signed by Tho. Leaver,^ 
for the court; and served by David Haseltine,t constable of 
Meremake. 

Edmund James' bill of cost, Hi. 12s. 8d. 

Copy of agreement and deposition, taken from the Ipswich 
court files, made by Robert Lord,} cleric. 

fWrit: Edward Woolland v. Steeven Haskett; debt, delivered 
him in refuse dry fish at Winter Island; dated 21 : 9 : 1670; 
signed by Hilliard Veren,t for the court; and served by Henery 
Skerry,t marshal of Salem, by attachment of the soap house, 
kettle he boiled it in and the brew house of defendant. 

Judgment in this action. 

Edward Woolland's bill of cost. 111. 2s. 8d. 

''fklward Woolen pray let Steuen basket hauef sixten pound 
in Ref ug Fesh and in so douing I Reste yours to seref in what 
wee may 20 of July 1670 Rescued thee Contents of this bel within 
by me Steuen basket." 

Nathanil Peeas testified that he had sixteen quintals of refuse 
fish of Edward Wooling at the time when those words were spoken 

t Autograph. 



1670] BBCOBDS AND FILES 297 

Jon. Porter, sr. v. Jno. Hucheson. Trespass. Nonsuited. 
Jon. Porter, sr. v. Jon. Porter, jr. Trespass. Withdrawn. 
Peeter Miller v. Joseph Bowed. Verdict for plaintiff.* 
Joseph Bowed v. Peeter Miller. Review of a case tried at 
Salem court, 30 : 9 : 1669. Verdict for defendant.! 



when they were loading the fish, ''as attests the litarman Nath- 
anil Peess." Sworn in court. Isaac Eavely affirmed the same. 

*Writ: Peeter Miller v. Joseph Bowd; for molesting the said 
Miller in the peaceable possession of a house and ground delivered 
him upon execution and by many threatening words; also for 
occupying said house, putting in and taking out fish at his own 
pleasure when the house was first made up and the door strongly 
made up; dated 18 : 9 : 1670; signed by Hilliard Veren,t for 
the court; and served by Henery Skerry, { by attachment of 
Joseph Bowd's house. 

Peeter Miller's bill of cost, lli. 9s. 

Edmond Forrad, aged about twenty-three years, and Joseph 
Nicholson, aged about twentynseven years, deposed that being 
at Joseph Bowed's house about the latter end of May last, 
speaking with said Bowed that cherry time would come shortly 
deponents said that Miller had cherries enough now. They 
were speaking of the ground and trees that were formerly Mr. 
Bowed's, and which were delivered said Miller by execution. 
Bowed told deponents that if Miller meddled with any cherries 
there, he would put pigeon shot into him, etc. Sworn, 21 : 9: 
1670, before Wm. Hathome,} assistant. 

tWrit, dated Oct. 3, 1670, signed by HUUard Veren,t for the 
court, and served by Henery Skerry,t marshal of Salem. Bond 
of Peter Meller.t 

Copy of writ, depositions and record of Salem court, 30 : 9 : 
1669, made by Hilliard Veren,t cleric. 

Richard Seavey, aged about thirty-five years, deposed that 
about six weeks before last Salem court, I heard Joseph Bowd 
own and confess that he took two barrels of mackerel out of the 
stage of Peeter Miller, this being the same occasion concerning 
which Henry Trevett testified. The said Bowd further said that 
he would do the same thing again. Sworn, 18 : 1 : 1669, before 
Wm. Hathome,} assistant. 

Mary Woods, wife of William Woods of Marblehead, testified 
that Bowd put fish into Peter Millard's warehouse about the 
middle of the summer, about three or four quintals. The house 
was the one that Millard took by execution from said Bowd. 
Sworn in court. 

Judith Grounden, aged about twenty-three or four years, 
deposed the same. Sworn in court. 

t Autograph. 



298 SALEM QUARTERLY COURT [NoV. 

Joseph Armitage, assignee of Samuell Bennet v. Mr. John 
Bex & Co. and Mr. John Gifford, who is or was their agent. 
Debt. Withdrawn.* 

Samuell Bennett acknowledged judgment to Mr. John Ged- 
ney, sr. 

Laurance Barnes acknowledged judgment to William Nick and 
Phillip Harden. 

William Reeves v. Mr. Anthony Ashby. Verdict for plaintiff. 
The defendant to have a legal deed of sale for the land he bought 
of him.t 

Samuell Bennit, aged about sixty-two years, and Erasomus 
James, aged aboiit thirty-four years, deposed that they were 
present at the house of Joseph Boud when he and Miller were 
coming to a general accounting. Boud brought out his book 
and Miller owned the whole account except three or four shil- 
lings, and the balance was found to be 26s. or 286. due said Boud, 
which Miller promised to pay. Sworn, 30 : 4 : 1670, before 
Wm. Hathome,} assistant. 

♦Warrant, dated 19 : 4 : 1666, to Mr. Jon. Gifford to appear at 
Salem court in an action of debt due for work done at the Iron 
works in 1651, signed by Jonath. Negus,t for the court. 

Copy of record of Salem court, 24 : 4 : 1656, in a similar action, 
made by Elias Stileman,t clerk. 

John Giffard's bill of cost, 18s. 

Copy of assignment, dated 3:4: 1656, from Samuell Bennett 
of Boston to Joseph Armytage of Lyn. Wit: Henry Tucker 
and William Howard. Copy made by Elias Stileman,t cleric. 

tWrit, dated 27 : 7 : 1670, signed by HilUard Veren,t cleric, 
and served by Henery Skerry,} marshal of Salem, by attachment 
of the house and ground of defendant. 

William Reves' bill of cost, lli. 17s. 

Georg Yardly deposed that William Reves desired Anthony 
Ashbe to go with him to lay out land that said William bought 
of him and he said he would the next Saturday. Sworn in court. 

Edward Bridges deposed that he heard Mr. Ashby own that 
he received 61i. 9s. for a parcel of land sold Reeves. Georg Early 
deposed the same. Sworn in court. 

Georg Keysar, sr., deposed that by appointment of William 
Reveses, he paid Mr. Anthony Ashbe at the first payment tanned 
leather to his satisfaction, and after he received more leather, 
deponent told Mr. Ashbe he would make it up for William Reves, 
which sum he had received of deponent for said Reves in leather 
for a parcel of land sold to said Reves. Sworn in court. 

tAatograph. 



1670] BECOBDS AND FCLBS 299 

Samuell Benett acknowledged judgment to Capt. George Cor- 
win to be paid in specie. 
Robert Dutch acknowledged judgment to John Martin. 
Mr. John Hathome v. Edward Page. Debt. Defaulted. 
Mr. Jon. Browne v. Ed. Hilliard. Verdict for defendant.* 

John Kitchen deposed that about a year since, he heard Ashbe 
agree with William Reeves for a small parcel of land lying against 
John Cromwell's in the swamp, for which Reeves was to pay him 
6U. in leather for it. Sworn in court. 

*Writ: Mr. John Browne, jr. v. Edward Hilliard; for unjustly 
taking away 972 pounds of tobacco due said Browne from the 
clearing and entering office of the Lord Baltamore in Maryland 
in Verginia; dated 10 : 8 : 1670; signed by Hilliard Veren,t for 
for the court; and served by Henery Skerry ,t marshal of Salem. 

Will. Brookef certified, Apr. 11, 1670, that he had cleared the 
ketch Hope of Salem, Edward Hilliard, master, for 97211. of 
tobacco upon accoimt of John Browne, for which said Hilliard 
promised to make satisfaction. Wit: James Brownef and Isaac 
Hide.f Sworn in court by Isaack Hide. 

John Brown, sr.,t deposed that about the 10 mo. 1669, he and 
Job Helyard came to Petuckson and he carried his tobacco ashore 
in his boat to pay his charges. He called upon Job to go ashore, 
but he said his charge was paid. When they came ashore the 
master of the office Mr. Brouks said he had paid it to Edward 
Hilyard. They told him he was to pay it to Job Helerd, but he 
repUed he had done it and he would not imdo it, and he caused 
him to roll up all his cables, bring the hogsheads of tobacco ashore 
and to roll it up to the house before the ketch could come away. 
Sworn in court. 

"This shall oblige mee to pay for M' John Browne of new 
England: nyne hundred & six pounds of Tobacko into the office 
att the Govern" whensoever therevnto Required by a note or 
order from the s^ Browne charged vpon mee: wittnesse my hand 
this 29*^ of septemb. 69: Fran. Swanston.^f Oi^ the reverse of 
the forgoing paper: "for Jobe Helyards clering Att Petuckcan." 

Robert Star, aged about forty-three years, deposed that being 
in company in Maryland with Mr. Job Hilyard, he heard Hil- 
yard ask Mr. John Browne, jr., what tobacco he would clear, 
and Browne said there was tobacco enough of his in Mr. Brooke's 
hands in Petuckson river to answer their ends and clear all port 
charges in this country. "But when the vessell of Job Hilyard 
Came to Pettuckson m' Brookes being asked for that tobacco he 
sd hee had paid it to Edward Hilyard for Clearing his vessell. 
And after this I the deponant did weigh three hogsheads of tobac- 
co out of Mr. John Browns tobacco which was then in the Catch 

fAutograph. 



300 SALEM QUARTERLY COURT [NoV. 

Mr. Eleazer Hathome and Mr. John Corwin v. Ed. Hiliard. 
For an account of disposal and sale of goods in Verginea. Ver- 
dict for plaintiff.* 

Blessing to Cleare the said Catches port dutys, in that Cuntrey; 
which three hogsheads did weigh aboue one thousand weight.'' 

Edw. Hilliard's bill of cost, 6s. 

*Writ, dated Oct. 11, 1670, signed by Billiard Veren,t for the 
court, and served by Henery Skerry ,t marshal of Salem, by 
attachment of the house and ground of defendant. 

Ele. Hathome'sf bill of charges, lli. 3s. 6d. 

Edward Bushe, aged about twenty-eight years, and John 
Douster, aged about twenty-seven years, deposed that being in 
company with Mr. Eleazer Hathome and Edward Hilhard, they 
heard Hilhard say that he had forgotten his accoimt, and Mr. 
Eleazor Hathome said, ''Skipper HUliard, it is no matter it is as 
muche as nothing." Owned by said Hathome in court. 

Copy of invoice of goods shipped aboard the Tryall of Salem, 
Edward Hilliard, master, for Virginia, and left to his disposing 
Feb. 5, 1667-8: four mares at 6U., 24U.; 10 Quarter Caske of 
wine at 3U., 301i.; 14 pr. mens shous at 5s. 6d., 31i. 17s.; 20 pr. 
womens shous at 4s. 6d., 41i. 10s.; 20 pr. boyes & Girls shous at 
3s. 6d., 3U. 13s. 4d.; 2 pes. of Norwich stuff e at 5U. 10s., llli. 
4 3-8 yds. of broade cloth at 22s., 4U. 16s. 3d.; 10 yds. of blew 
searge at 6s. 6d., 31i. 5s.; 66 yds. of doulas at 2s. 6d., 81i. 5s. 
6 1-4 yds. of red Cotton at 3s., 18s. 9d.; 8 1-4 yds. ditto at 3s. 
lli. 4s. 9d.; 19 yds. of blew ditto at 3s., 21i. 17s.; 11 yds. of yal- 
low ditto at 3s., lli. 13s.; 10 yds. of green ditto at 3s., Ih. 10b. 
1 doz. womens stockings at 4s., 2h. 8s.; 1 doz. boyes ditto at 3s 
6d., 21i. 2s.; 4 pr. womens ditto at 3s., 12s.; total, 10611. 12s. Id 
For charges: timber for stanchions, 5s.; Carpenter's worke, 5s. 
8 spikes, 2s.; nailes, 6d.; 8 C. of Hay at 18d., 12s.; 10 bushells 
of brann, 10s.; 8 bushells of pease at 4s., lli. 12s.; 4 pipes for 
water at 5s., Hi.; 2 pailes for water, 3s.; 1 chest for English 
goods, 8s.; to naile Tobacco, 1000 shingle nayles, 4s., 500 claboard 
nayles, 3s. 6d.; total, 51i. 5s. For provisions: one barrill of 
porke, 31i. 10s.; 1 barrill of beefe, 21i. 10s.; 4 barrils of beare at 
lis., 21i. 4s.; 4 C. of bread at 20s., 4U.; for provision before 
theire goeing out, 8s. 7d.; 6 gallons of wine at 4s., lli. 4s.; total, 
13U. 16s. 7d. Two dozn. Candles at 8s., 16s.; 10 Quarter Caske 
for wine, lli. 15s. Total, 128U. 4s. 8d. Edward HiUiardt certi- 
fied to the receipt of these goods, Feb. 5, 1667. 

Verginea, Mr. Eleazer Hathome and Mr. John Corwin, mar- 
chants, their acct. Currant, the 17 : 2 : 1668, Dr. To 17 hhd. of 
tobacco as pticuler acct. appeers, Con. 7518; to hides & English 
goods, 0733; to charges & pvissions, 0570 1-2; to a bill from 

t Autograph. 



1670] BBCORDB AND FILES 301 

Mr. John Corwin and Mr. Eleazer Hathome v. Ed. Hilliard. 
For breach of orders upon a voyage made to Verginea. Verdict 
for defendant.* 



Richd. Baily, 1503; total, 10374 1-2, less Comission, 01000. 
Ihr. Contra is Credt: by a pcell of goods sold in Verginea as ptic- 
ular acct. appeeres, 10322; to balance 01052. 

A pticuler accot. of Sales & retumes. Dr.; to 2 mares sold 
to Major Brookes, 03200 in tobacco, in money 12Ii.; to Richard 
Baily 2 quartr Cask of wine, 00820, 6Ii.; to Richard Cave 4 
Caske of wine, 01600, 12Ii.; to James Williams 1 Caske wine, 
00420, 31i.; to more to his wife 6 pr. shoose, 00090, lli. 2s.; to 
Dito 5 pr. stockins, boyes, 00100, 17s. 6d.; to ditto 3 pr. stock- 
ens, 00072, 12s. 6d.; to mr. Collet, 2 caske of wine, 00820, 61i.; 
to Richard Bailye 2 mares, 03200, 121i.; total, 10322, 531i. lis. 
To goods returned: to 14 pr. mens shooes, 56. 6d., 3]i. 17s.; to 
20 pr. woemens, 4s. 6d., 41i. 10s. ; to 14 pr. of boyes & children's 
shooes, 3s. 8d., 21i. lis. 4d.; to 2 peeces norig stuff, llli.; to 4 
yrds. 3-4 broad cloath, 22s., 41i. 16s. 13d.; to 10 yrds. blew searge, 
6s. 6d., 31i. 5s.; to 66 yrds. of Dowlas, 2s. 6d., 81i. 5s.; to 6 yds. 
1-4 Red Cotten, 3s. p. yd., 13s. 9d.; 8 yds. 1-4 Ditto, lli. 4s. 9d.; 
19 yds. blew Ditto, 21i. 17s.; 11 yds. yellow Ditto, lli. 13s.; 10 
yds. greene Ditto, lli. 10s.; 11 pr. woemens stockens, 21i. 4s.; 
6 pr. of boyes Ditto, 17s.; 4 woomens Ditto, 12s.; 1 quarter 
caske wine leakidg & exspences, 301i.; total, 531i. Is. Id. Total 
debits, 1061i. 12s. Id. Credit, by goods according to Invoyce 
rated in N. E., 1661i. 12s. Id. Invoyce of tobacco, hides & goods 
brought home for the acct. of Mr. Jno. Corwin & Mr. Eleazer 
Hathome: 7518 pounds tobacco, 7518; to 5 hides cost, 0238; 
to broad cloath, 0425; to searge, 0122; to a bill from Richard 
Baily, 1503; to soe much laid out for pvissions, 00570 1-2; total, 
10374 1-2 tobacco. Sworn by Edward Hillerd, Oct. 13, 1670, 
before Daniel Denison.f 

♦Writ, dated 10 : 8 : 1670, signed by HQliard Veren,t for the 
court, and served by Henery Skerry ,t marshal of Salem. 

Copy of the orders received from Mr. John Corwin and Eleazar 
Hathome, by Edward Hillerd: "Salem 5^ febmary 1667, M' 
Edward Hilliard, S' You are to take the first optimity of wind 
A weather Conuenient to Sayle hence in the Katch Tryall (wherof 
y° are Mast') and Direct yo' Course for Virginia And when it 
shall please god to send y** thether vpon yo' first Ariuall Enquir 
w*** place there is most plenty of Tobb., and thether goe to dis- 
pose of o' goods aboard, make sale of o' goods for redy Tobacco, 
if it may possibly be pcured make noe Debts, but sell y* Cheaper 
for redy Goods either Porke or Hyds y** may sell for, if Tobacco 
may not be had: If y°' should find o' goods Low and Tobacco not 

tAutograph. 



302 SALEM QUABTEBLT C0X7BT [NoV. 

Mr. Simond Brodstreet v. Ed. Bridges. Debt. Verdict for 
plaintiff. The two parcels of iron at 278. 6d. were not included in 
the damages.* 

William Williams acknowledged judgment to Mr. Moses Mav- 
erick. 

Mr. Moses Maverick v. John Bly. Debt. Nonsuited. 

to be got take aduice whether it may not more pbably Conduce 
to o' pfitt to goe to Roannocke, and if y° should find good Encor- 
adgment you may Act as y^ shall }udge most for o' Aduantage 
mcJce w* Dispatch y*^ possibly can And retume hether to us: 
Thus w*** o' prayers for yo' psperous voyadge we Remaine Yo' 
Loueing Friends." Capt. Price and John Browne made oath 
in court that Ed. Hilliard signed this paper. 

♦Writ, dated Sept. 27, 1670, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Salem. Bond of 
Edmond Bridges,t with Jeramiah Getchall,t surety. 

Agreement of Edmond Bridgesf of Topsfeild, blacksmith, with 
Mr. Symon Bradstreet of Andover, dated 26 : 2 : 166^; said 
Bridges hired of said Bradstreet a pair of smith's bellows and 
anvil for one year from Sept. 29 last past and so long after as 
said Simon should be willing to spare them, for 15s. per year, in 
such iron wares as he desired or in wheat at Ipswich and to 
return the bellows and anvil in good repair; also whereas Bridges 
was to receive 71i. of Goodman Easty by order of said Simon, he 
promised to pay in com or iron work at 2s. 9d. a year for what 
he should receive for the space of two years from May 1st next, 
and at the end of that time to pay the principle at Ipswich in 
wheat or barley or good yoimg cattle not exceeding seven years 
old, at Andover. Wit: Richard Hubberdf and Symon Brad- 
street, jr.f 

Edmond Bridges' account, Nov. 1670: for 7 yeares hire of a 
pair of bellowes & Andvile at 15s. p. year, 51i. 5s.; for soe much 
reed of Goodman Easty by my order, 71i.; for 2 years aUowanoe 
as by agreemt, ending May 1, 1666, lU. 8s.; for 4 yeares for- 
bearance since, att 8 pcent, 21i. 4s.; for Iron rec. upon my bill of 
Mr. Purchas, 2U. 10s.; 31i. Spanish Iron to his father to make 
nayles for ye tyre, 7s. 6d. ; total, 181i. 14s. 6d. This 21i. 17s. 6d. 
in these tow last lines the Jury did not take in to o' verdit for 
want of proff. Credr. For 8 pr. of hooke & eyes about, 12s.; 
4 hoopes, 241b. att 6d., 12s. ; streekes for Cart wheeles, waighing 
1731b. & 115 nayles waighing 171b. in aU 190U. at 6d.,41b. 15s.; 
for 4 axes att sevuall tymes, 16s.; for shoeing my horse, Is.; 
total, 61i. 16s. "I had 2 more axes of him, one of them was 
returned againe the other hee was pd. for in bacon. 

tAntograph. 



1670] BECOBDS AND FILBB 303 

Mr. Harlackendine Simonda v. Capt. Walter Barefoot. For 
vexatious suing of him in an action of lOOOli. Verdict for 
plaintiff.* 

*Writ: Walter Barefoot v. Mr. Herlackindine Simonds; breach 
of covenant in not giving said Barfoot a deed of sale of one-half 
of 640 acres of land specified under Mr. Samuell Symonds' hand 
by a bill dated Sept. 12, 1664, which Barfoot bought of said 
Symones as per covenant dated Sept. 29, 1664; dated July 2i, 
1669; signed by Elias Stilman, for the court; and served by 
Samuel Winford, deputy for Daniel Moulton,t constable of 
Portsmouth. Copy made by Daniel Moulton.f 

Writ: Mr. Herlakenden Simonds v. Capt. Walter Barfoot; 
for vexatiously suing him on July 26, to answer to the county 
court at Pootsmoth; dated Oct. 19, 1670; signed by John Hall;t 
for the court; and served by John Roboarts,t marshal of Dover. 
Bond of Walter Barefootef and Hen. Greenland-f 

Timothy Worcester certified that in July, 1669, he saw a shallop 
of Mr. Harlakinden Simonds lying in their river in Hoghouse 
creek, which was worth as he thought 201i., which sum he was 
willing to give for her. Sworn, Aug. 4, 1670, before Robt. Pike,t 
commissioner. 

Henry Kemble, aged about thirty-eight years, testified that 
he sold a small sloop to Mr. Herlakenden Symons, for which he 
received 151i., and "after shee was graved & (as I vnderstood) 
was done on the sole Account of the sd Symons." Sworn, Nov. 
28, 1670, before Edw. Tyng,t assistant. 

Jeremiah Tebbutt, keeper of the prison at Dover, and Daniel 
Moulton, deposed that they heard Mr. Harlakinden Symonds 
tender his own bond together with a large quantity of land for 
security and it was refused by Daniel Moulton, constable of 
Portsmouth. This was soon after his arrest. Sworn at Ports- 
mouth court, Jime 29, 1670, before Elias Stileman,t cleric, and 
also by Daniel Moulton, Jime 29, 1670, before Samuel Symonds,t 
assistant. 

Harlakinden Symonds'f bill of cost, 21i. 5s. 

Letter of attorney, dated Nov. 25, 1670, from Walter Bare- 
footed of Piscatiqua, chirurgion, to Henry Greenland of Kittery, 
chirurgion. Wit: Thomas Dearmearf and Tho. Watkins-f 
Sworn Nov. 26, 1670, before Jo. Cutt,t commissioner. 

George Pearson, aged about forty years, deposed that Mr. 
Harlackenden Simonds was arrested at the suite of Capt. Walter 
Barefoott in July, 1669, at Piscataqua upon the Great Island, 
which was of great damage to Simons and deponent, because of 
the hindrance to their intended voyage to the eastward. More- 
over said Simonds was prevented from looking after his sloop in 

t Aatograph. t Aatograph and seal. 



304 SALEM QUABTEBLT COUBT [NoT. 

Joseph Armitage, presented for being drunk, and tried before a 
jury, was found to have been ''much disguised in Drink'' and 
was fined.* 

Capt. Paule White had his license continued for the drawing 
and retaiUng of strong waters as formerly and also to draw wine 
and sell out of doors by small measures, unless the present public 
ordinary keeper sells wine at the rate which the law specifies 
under the title of Innkeepers, page 45, sect. 11. 

Court allowed a bill of 31i. 9s. 6d. brought in by Capt. Greerish 
for work done about the county bridge, to be paid by the county 
treasurer. It was also referred to Capt. Gerrish to allow Tho. 

the river, which by storm was driven from her moorings. The 
vessel said Simonds sold afterward for less than half what she 
cost him to deponent. Sworn, Nov. 28, 1670, before Edward 
Tyng,t assistant. 

Jerimiah Tabot, aged about thirty-nine years, deposed that 
Mr. Herlacindine Simans had been a partner with him from 
July 26 until the first week in January, etc. John Robarts 
deposed the same. Sworn, 28 : 8 : 1670, at Portsmouth, before 
Richard Cutt,t commissioner. 

Susanna, wife of John Severance, of Salisbury, deposed that 
she heard her son Samuel Ambrous say that he would give to 
Mr. Harlakinden Symonds 201i. for his boat that was lying at 
anchor in Merrimack river. Sworn, June 27, 1670, before Samuel 
Symonds,t assistant. 

*William Wilson of Hammersmith, aged about thirty years, 
deposed that about the end of last winter, deponent having 
occasion to go to Mr. Samuell Bennett's house to see Richard 
Post who was sick there, Joseph Armitage of Lynn came in, 
greatly disguised with drink. He talked and acted so and eagerly 
desired more drink. Thomas Wenmarr of Hammersmith at 
Lyn, aged about twenty-eight years, deposed the same. Sworn, 
18 : 5 : 1670, before the WorshipfuU W. Hathome, and in the 
Salem court before Hilliard Veren,t cleric. 

Joseph Holloway, aged about thirty-five years, testified that 
he was at his father Bennett's house the day that Post was sick. 
Joseph Armitage did not go to bed at his father Bennett's house, 
but went well homewards, and deponent led him past William 
Edmonds' house. Whereas it was said that Armitage fell in 
the fijre, he did not, but the hearth beiag full of holes, by some 
means '^his foot stumbled and fell upon my mother and a skillett 
that was before the fyre." Sworn before Maj. Hathome's court 
and on 18 : 5 : 1670, before Hilliard Veren,t cleric. 

t Autograph. 



1670] BECORDB AND FILES 305 

Thurloe and DanieU Peerce for their work proportionally with 
what the rest are allowed. 

. John Pereson of Rowly was ordered to take a view of the county 
bridge over Newbery river and make report of what was needful 
to be done for the repair of the bridge to the ne^ct Ipswich court. 
What was necessary to be done in the mean time, he was to have 
it done and the court would allow it. 

Sara, relict of John Kenny, deceased, presented the last will* 
and testament of said Kenny, attested upon the oath of the 
four witnesses, and it was allowed, as was also an inventory of 
said estate sworn to by the widow. 

William Fisk was sworn constable for Wenham. 

Court ordered that the constable of Salem pay Mr. Samuell 
Gardner out of the coimty rate now raised 51i. 128. and a copy 
of this order should be a sufBicient discharge to the constable 
from the treasurer. 



*Will of John (his mark) Keyny of Salem, without date, 
allowed, 30 : 9 : 1670, in Salem court: "first I giue A steere of 
twoo yeare old & vantage well knowne to John pickrinn of Salem 
To John flint Granchilde to William Fhnt secondly I giue & 
bequeathe forty shillings To John Backsteer of Salem; thirdly 
I giue & bequeathe forty shillings To Allexander Gellican of 
Marbllee Head fourthly after my debts are paid & Cost oflf my 
Funerall I giue ye rest of my estate house Lands & chattell 
whatsoeuer To my Beloued wife Sarah Keyney To her & her 
highers for euer Finally I make & ordaine my Trusty & well 
beloued Freinds Mr. Henry Bartholomew of Salem & John 
Peckren ouerseers to assist & see This my last Will & Testament 
Compleated." Wit: William Flint, t William Bealef and John 
(his mark) Baxter. Sworn in court, 30 : 9 : 1670, by the wit- 
nesses. 

Inventory of the estate of John Keny, taken, 18 : 8 : 1670, 
by William Flint,t Henry Bartholmewf and John Pickering:! 
One dwelling house and bam, marsh and upland belonging to 
it, 14 acres, 12011.; 4 oxen and 2 steers, 321i.; 2 Cowes, 71i.; 2 
Steares, 61i.; 2 stears, 31i. 10s.; 2 Steares, 21i.; 8 swine and 4 
piggs, 81i. 10s.; one mare and Colt, 41i.; one Cart and plow with 
the apurtenances, 41i. ; haye and fodder in the bame, 81i. ; Indian 
come and other graine, 51i.; one flock bed Rugge and blanketts 
and 4 p of sheets, 51i. ; one pott and ketle with pewter and other 
houshould stuffe, 21i. 10s.; Axes and other Iron tooles, 15s.; a 
muskett, 14s.; mony and wearinge apparell, 611. ; total, 2141i. 19s. 

t Autograph. 



306 SALBIi QUASTEBLT COURT [NoV. 

Ordered that out of the 51i. 12s. which the constable of Salem 
was ordered to pay out of the county rate to Mr. Gardner, the 
latter was to pay William Hascall 46e. 6d. 

Ordered that the way laid out by Mr. King's farm from Mar- 
blebead to Lynn, should remam as a highway until the next 
Salem court. 

John Bly acknowledged judgment of 16Ii. 6s. to Capt. George 
Corwin. 

Frances Skerry was freed from common training, paying 6b. 
8d. per annum to the use of the company. 

Capt. Tho. Marshall had his former license renewed for the 
year ensuing. 

Silvester Eavly had his former license renewed. 

A writing was produced as a will of Frances Axey, deceased, 
which was witnessed by Hen. Roads and sworn, and the other 
three witnesses subscribed to the will, also aflirming that they 
were present when said writmg was signed, and also an inven- 
tory was brought into court, amounting to 2081i. ISs. 6d. and 
filed up in the court records 4 mo., 1669, with the will of her 
husband.* 



*Will of Francis (her mark) Axe, wife of Jeames Axe, deceased, 
dated October 18, 1670, and proved Dec. 1, 1670: ''Imprimis, 
I giue vnto Maygor Denesons EUdest sonne tenne Poimdes I 
giue vnto Reuerend m' Samuell Whighting our Pastor sixe 
Poundes; toe m' Samuell Cobit fine Poimdes, toe the wife of 
Danell Salmons fine Poundes toe bee payd in 20s. a yeare in 
Come, and toe hur selfe and hur Daughter ether of them an 
an Every days waskote and Apome, toe Nathanell Hanforth 
foure Poundes, and to his wife my best serge pettecote and one 
shifte and my second best wascoate and to William Clarke foure 
Poundes and to his wife my second best Red Pettecote and 
second beast hat. A gren Apoume and one shift and my second 
hood and best wascoate and all my head Clothes with a Tafety 
hancher and Quoyfe, I giue toe Goodman Armetage fifty Shil* 
lings and my whight face Cow: and to his wife my best Read 
Pettecoate and best hat, and A shifte I giue Deborah Richiuxls 
one cow: called Bud and twenty shillings; and toe Abb^all 
Richards one shepe and to Danell Richards one shepe, and toe 
Samuell SiUbe one Cow: which is in the hands of his father; 
I giue vnto Sarah Rednape twenty shillings and to the widdow 
How twenty shillings to bee payd in Inglish Commodety or 
in come which she Pleaseth, I giue vnto Samuell Torboxe a 



1A70] BBCOBD0 AND FILB8 307 

Cow Called Blossome, I giue Sarah Reimalls of Salem: one 
shepe and one pare of shetes, I giue vnto Sarah Rickes the 
Daughter of Thoinas Rickes one pare of shetes, I giue vnto the 
wife of Thomas Rickes one shepe and one cow and to hur sonne 
Theof elis one shepe, I giue vnto the wife of Charles Gote one 
Pare of Shetes & a blew Cotton Pete Coate, and one shifte I 
giue vnto Goody Dauis Widdow my best Cloath hood and <Hie 
of my vnder Coatee beeing Read Peneston and to Rebeckah 
Tarboxe a Red vnder Petticoat and one shifte And to the wife 
of Goodman Gowing one Read Cow which was vallewed at 311. 
10s., and to Goody Whight a yew and to hur sonne a Lambe 
and to Andrew Ms^isff ellds wife a siluer spoone & a wascot Latly 
mayd and toe hur Daughter Bethiah A mluer spoone I will that 
all these L^asies Aboue Expressed bee payd within toe yeare 
After my Desesse in Come or Cattell And I make Joseph Fiske 
my Adminestrator of my whole Estate as witnesseth my hand 
And I Apoynt to see this my will fullfilled as ouer seeres Joseph 
Armetage, Nathanell Hanforth, William Clarke and Henery 
Rhodes. I will yt maygor Denesons sonne & mF Hanforth & 
goodman Clarke bee payd.'^ Wit: Joseph Armitage,* Nathaniell 
Handforth,* Henery Rhodes* and William (his mark) Clarke. 
Sworn in court. 

Inventory of the estate of James Axey of Lynn, who died 
June 7, 1669, appraised by John (his mark) Pearson and Andrew 
Mansfeildjt June 16, 1669, upon request of Frances, the widow: 
Wearing apparell, Boots, shooes and Hatts, 51i.; wearing Lining, 
111. lOs.; 6 pare of sheets & one single sheet, 41i. 48.; table 
Cloaths, napkins, Towells, & other small Lining, 2Ii.; Beds, 
pillows, boulsters, blanketts, & Couerings, lOli. 8s.; whom spunn 
Cloath, vncutt out, 71i. 3s.; Carsye, searge, penistone, broad 
Cloath, Irish Cloath and Carpitt, 5Ii. 7s.; woollens. Cotton & 
Lyning yame, 21i. 8s.; c wool, flax and a winnoeing sheet, lli. 
18s.; Baggs, Gushing and a winnoeing sheet, lli. 3s. 6d.; Iron 
Potts, posnitt and Brasse, lli. 17s. 6d.; Puter, 21i. 9s.; Monyes, 
6U. 15s. 6d.; two siluer spoones, 12s.; scales, wights, frying 
pann. Candlesticks, spoons, & Tinn, 16s. 6d.; spitts, fire pann, 
Endirons, gridiron, pott, hookes, &c., 21i. lOs.; Ajmes & Amuni- 
ton, lli. 1^.; Houseing Land & medow, 80Ii.; 4 oxen, 5 Cowes, 
A one yeare ould Calfe, 421i. lOs.; 6 ould sheep & 2 Lambs, 31i. 
lOs.; due debt, 161i. lOs.; Iron Tooles, lli.; Bookes, lU. ^.; 
Bedsteads, Cubborde, Chests and Boxes, lli. lOs.; Beare vessells 
Tubbs & drye caske, lli. 16s.; English & Indian Come, growing 
on ye ground, 41i. lOs.; English & salt marsh, grasse to mowe, 
31i. 5s.; swine, lli. 16s.; debt due, 31i. 14s.; English & Indian 
Come & mault in the house, 31i. 3s. 6d.; Earthen ware, 4s. 6d.; 
a Cheame, peales, milke vessells, Lanthome, Ac, lli. 12s.; Tables, 
cheares & a stoole, 13s.; Butter, cheese, baken, & other pro- 

*Aatograph. 



SOS SALEM QUABTBBLT COURT [NoV. 

vision, lli. 10s.; a cheese presse, forkes & rakes with some Lum- 
ber, 16s. 

Inventory, dated Oct. 28, 1670, of the estate of Francis Axe, 
deceased, taken by Joseph Armitage,* Nathaniell Handforth,* 
William (his mark) Clarke and Henery Rhodes:* Wearing 
Aparell Linen and woUen, 151i. 10s.; bedmg and Cushines, lOli. 
Linen and wolleng, 81i.; Eyron, bras and Pewter, 41i. 15s.; 
Graine, Inglish and Indan, 41i.; haye, 41i. 10s.; Appells, 10s.; 
Lumber and bookes, 61i.; bowsing, 201i.; upland and Medow, 
601i.; Deptes, lli. 5s.; cattell, 631i. 17s. 6d.; small things, lli. 
2s.; about 4 acres of land caled Graueses lott, 331i.; total, 
232U. 9s. 6d. 

Andrew Mansfeild testified that being with James Axey in 
the time of his last sickness which was about three weeks before 
his death, his wife and Joseph Fiske being present, his wife 
opposed his making his will. And said James Axey before his 
wife and said Fiske solemnly left it with deponent that if any- 
body should ask why he did not make his will to say that he 
woidd have done it but his wife would not let him, for deponent 
was there to write it. Sworn in court. 

Andrew Mansfeild, aged about forty-nine years, testified that 
Axey wished to have John Pearson have Greaves' lot, but his 
wife desired that he would not make a will saying, "Cannot you 
Confide in mee y* I will pforme what yo' minde is, but you will 
give awaye all, hee Answered I intend to give nothing from you 
whilst you Line except some smale Legasye or Legasyes, ^ee 
then replyed hee might if he would make his will but said I wiU 
not nor can not consent to it, I replyed, it was an Apoyntm* 
of God for him to sett his house in order & instanced that of 
Hesekiah — set thy house in order for thou must dye & did 
declare to her that I hoped god would guide him in soe doeing: 
but shee replying, hee alsoe replyed sayeing I can dispose of 
none of my estat & being troubled wee then gott him to bed & 
I tarrjring with him he then tould mee y* it was his mind that 
Joseph Fiske should haue the use of the Land or Lining for f ower 
yeares after his wifes desease. Concerning Axey's disposition 
of his land to John Pearson, which was expressed in a will drawn 
up by brother Cowdreye, his intent was that his wife should 
have liberty to sell part or the whole for her comfort if needed. 
Sworn in. court. 

Nathanll. Eartland and Marjerye^ Salmon testified that two 
nights before he died, Axey said tliat he gave his estate to John 
Pearson. Sworn in court. 

Thomas Fiske, aged about forty years, deposed that James 
Axey told him he would make Joseph Fiske his heir, and that 
he had another servant who lived with him formerly that he 
must also consider, for he himself had grown aged. Sworn in court. 

* Autograph, 



1670] RECOBDS AND FILES 300 

Mr. John Lacooster and others, complained of for heaving 
ballast overboard, were referred to the next Salem court, Mr. 
Wm. Browne, sr., being surety. 

Mathew Price was fined for cursing and swearing. 

John Lambert testified upon oath that when he went away 
and left his house on a Friday morning, it was fast nailed up 
with a board against it and when he returned, his window was 
open, in which time William Barnes broke in to his house at 
the window, as he confessed. 

William Barnes, convicted of breaking into the house of John 
Lambert, was sentenced to be branded, according to law and to 
pay the charges of the constable, witnesses and keeper of the 
prison, the latter's charge being 9s.* 

Obadiah Bridges and Andrew Peeters, for requiring Tho. 
Steevens to stand on the highway and to be examined, and after- 
ward meeting Nathaniell Wade and stopping or requiring him 
to stand, and when Ephraim Fellows came up to them for stop- 
ping him and very much abusing him by many blows, as appears 
by testimony, also for said Bridges swearing several oaths, were 
fined, and boimd to good behavior. The fines were to be paid 
in money, pork or com. Ed. Bridges and Wm. Reeves, sureties 
for said Bridges, and Mr. Hen. Greenland, for Andrew Peeters. 

Joseph Rednap, aged between seventy and eighty years, and 
Samuell Johnson, aged about twenty-seven years, deposed that 
they saw Axey's wife take him by the hand and said "Loue is 
not your mind as it was formerly agreed between you and I: 
and he said yes & he sd by my estate to John Pearson I meane 
he should looke after it for you." Sworn in court. 

Samuell Tarbox, aged about twenty-two years, deposed. 

♦Warrant, dated 22 : 9 : 1670, for apprehension of Wm. Barnes, 
servant to Paule Thomdeck, for breaking up Goodman Lam- 
bert's house, also for witness, John Balch, son of Benjamin 
Balch, signed by Wm. Hathome,t assistant. 

Jolm Lambert's bill of cost, for mending his lock and his win- 
dow, etc., 15s. 

John Balch, aged sixteen years, deposed that he saw William 
Barnes come out of the window of Lambert's house before the 
general training when they trained at Beverly. Sworn, 28 : 9 : 
1670, before Wm. Hathome.f 

Barnes confessed that he was there but brought out nothing 
but tobacco. 

fAatograph. 



310 SALEM QUABTBBLT OOUBT [NoV. 

Edmond Berry was bound in 15011. to the legatees of the will 
of Roger Hascall, deceased, upon condition that after the debts 
due from the estate were paid, he should pay the l^acies as 
far as the estate would allow. 

Waiboroe Gatchell, for abusing Richard Prince in his own 
bouse and offering in a violent way to take away his servant, 
was sentenced to sit in the stocks one hour and to be bound to 
good behavior. 

Richard Haley acknowledged judgment to Mr. Moses Mav- 
erick. 

Mr. Peeter Duncan had his license for stilling and retailing 
strong waters renewed for the year ensuing. 

George Hodges and wife were sentenced to pay 511. for com- 
mitting fornication before marriage. 

Mr. John Croad dying intestate, and none appearing who 
would administer, and Mrs. Ells. Croad, the widow, refusing, 
court appointed Henry Skerry, marshal, Mr. John Price and 
Hilllard Veren, sr., to present an inventory of the estate to the 
next Salem court. 

Whereas on 30 : 9 : 1668, court ordered that the town of 
Salem was to finish a highway and make it sufficient upon pen- 
alty of 1011., which had not been done according to the time 
appointed, court adjudged that Salem should pay 1011., 511. of 
which was to be paid forthwith and the other 511. to be respltted. 
Further, they were enjoyned upon the penalty of 2011. to make 
good the said highway by the next Salem court. 

Mr. John Ruck presented an Inventory* of the estate of Eliza. 
Ruckes, made oath to it and it was allowed. After all debts 
should be paid, the estate was to be divided among the children 
of the deceased. 

^Inventory of the estate of Elisabeth Rucke, who was the 
wife of Mr. Thomas Rucke, deceased, taken by John Deakln 
and Samwell Pitman: The house & land at Boston, 13511.; a 
bed & bedsted & fimltur, 511.; an ould boultlng mill & a mault 
mill, 111. 10s.; small beeme & scalles, 10s.; f our payr. of sheetes 
A 5 pillowbeers, 1 dos. napkins, 311. 10s.; parsall of linen & Cot- 
ten yame, 111. 7s.; waring Clothes, 311., & a stUl & worm, 511.; 
811.; to tabeles, A Chist & Trunk, 111.; a flok bed, Chlst, a Rug 
A blankets, 211. 10s.; debt due from John Redman of Hamton, 
3011.; Joseph Alemtag of Lin by an Aworde of Arbitration 
2011.; due from Thomas Joy, 311. 15s.; Nathanell Baker, 211. 2d.; 



1670] BEOORDS AND HUBS 311 

Mr. Georg Keaser was dismissed from the grand jury, and the 
town of Salem was to make choice of another meet person before 
the next Salem court. 

Mr. Wm. Browne, sr., Capt. Corwin, Mr. Ed. Batter, Ambrose 
Qale, Mr. John Gedney, Mr. Hen. Bartholmew and Capt. Walter 
Price had their former licenses renewed for the ensuing year. 

Mary Boapes, administratrix of the estate of George Roapes, 
late deceased, presented an inventory,* which was allowed, said 
George dying intestate. The children, most of them being of 
age, presented their agreement concerning the ordering and divi- 
sion of the estate, which was confirmed by the court. The agree- 
ment was filed with the inventory in this court's records. 

Nathanell Frier, lli. 10s.; Goodman Baster, lli. 178.; Edward 
Page, lli. 10s. 3d. ; John Mirik, lli. 15s. ; John Shaw, 4U. ; total, 
22&. 14s. 5d. Paid out by John Rucke, 911i. 17s. 2d. Sworn in 
court. 

^Inventory of the estate of George Ropes, deceased, taken, 
June 27, 1670, by Walter Pricef and HUliard Veren, srif House 
& land, bame & Cow house, lOOli.; 1 feather bed, bolster & 2 pil- 
lows, 1 rug & a blankett, 51i. 5s. ; 1 flock bed, 1 rug, & 1 blankitt, 
21i. 15s.; 1 flock bed & 1 old rug & 3 old blanketts, lli. 2s.; 1 
great brass kittle, 21i. 16s.; 1 littie Coppr. ditto, 12s.; 1 lardge 
brass skillett, 4s.; 1 little old Ditto, Is.; 1 p brass Andians, 158.; 

3 bedstedes, 25s.; 1-2 doz. chaires, 8s.; 4 old Blanketts, cotten, 
10s.; 1 small bolster & 1 pillow old, 10s.; 1 old p of curtains, 8s.; 

1 Cubbard, lli. 10s.; 1 Table & a small forme, lli.; 2 pine chests 
& 1 boxe, 12s.; 1 Cahco cubard cloth & cushin, 5s. 6d.; 

2 Iron potts, 10s.; 7 pewter platters & a basson, old, 15s.; 1 
doz. of trenchars, 1 puter bole, 1 candle stick, 1 salt seller, 3s.; 

4 p sheates, 21i.; 4 shirts, 1 p draws, 12s.; 4 p pillowbees, 10s.; 

1 doz. napHns, 10s.; 2 Table cloths, 4 towels, old, 5s.; his cloths, 
vidz. 2 serdg Coates, lli.; 2 cloth ditto, 1 serdg dublitt, old, 12s.; 

2 westcoats & 1 p draws, old, 10s. ; 3 p old stocings, 1 hatt, 12s. ; 
2 Iron haks, 2 p pott hooks, 8s.; 1 pr. Iron dogs & fier shouel & 
tongs, 10s.; 3 traies, old erthen ware, 3s.; 1 p old briches, 3s.; 
10 broad axes at 5s., 6 p chisels, 8s., 21i. 10s.; 6 augers, 66., 6 
adses at 3s., lli. 4s.; 18 p shoes att 4s., 1 p bootes, 13s. 6d., 41i. 
Ss. 6d.; 4 p yame stocings, p woosted Ditto, lU. 6s.; 4 severall 
chok lines, 15s.; 10 y^ kersy at 4s. 8d., 21i. &.; 12 y** penistone, 
lli. 13s.; 20 Ells of doulass at 22d., lli. 16s.; 1 p helloes, 1 grid 
Iron, 1 spitt, 5s. 6d.; 1 fr3ring pan, 2s., 2 hand saws, 5s., 7s.; 
1 square, 8 spoones, 3s. 6d.; 2 Cows, 71i., 2 heifers at 35s., lOli. 
lOs.; 1 yew & 1 lamb, 1 hogg, lli. 5s.; 20 ackers of upland, 51i.; 

t Autograph. 



312 SALEM QUABTERLT COUBT [NoV. 

Mr. John Ruck, presented for not having always beer in his 
house according to law, was fined 40s.* 

Mary, relict and administratrix of the estate of Job HilUardy 
presented an inventoryf of her said husband's estate, which 
was allowed. Court ordered that the estate remain in the 
widow's hands for her necessary use in bringing up the children 
and to pay to the eldest son 10s. and to the others 5s. each when 
of age. 

1-2 acker salt marsh, lli. 10s. ; a percel of old Tooles, lli. 10s. ; 
a percel of old Iron, 5s.; total, 16611. 3s. Debts due, 401i. 3s. lOd. 
due to other men, 501i. 7s. 4d. 

Agreement between the widow Mary and the children: That 
Mary, the mother, should have the estate, her life time for her 
use and if necessary to sell a portion, with the consent of the 
children, but if she married again, she was to have only her thirds 
and the two thirds should be divided among the children, John 
the eldest son to have a double portion. At her death, John, 
the eldest son should enjoy one-third part of the land belonging 
to the house, about twenty-six rods of land on the north side 
upon part of which he has built a new house, and which is to be 
set off by two indifferent men by the mother and children mutually 
chosen, the land between both houses to be left in common; 
all of this is rated at 71i. 10s.; signed by John Ropps,} John 
Normant and Gorg Ropps.J 

*George Keaser, being at Mr. John Ruckes some time the 
past summer, called for some beer to drink. Mr. Ruck answered, 
"did you not know I haue not sold beer this 2 years" and the 
beer he brought deponent was so bad that though he offered 
him pay yet he would take nothing for it. Sworn in court. 

flnventory of the estate of Job Hilyard, taken June 24, 1670, 
by Joseph Grafton, sr.,J George Gardner} and Thomas Jeggells:| 
House & Land, 701i.; one fether bed, one boulster, 2 pillowes 
& one reug, 3 blanket, bedstad & Curtins, 81i.; one trundell bed 
with that doe belong to it, lli. ; one old fether bed w*^ the appe- 
tunences, 31i.; 4 paier of sheets, 21i.; table Lining, 16s.; his wear- 
ing Cloth, 91i.; new Cloth & blankett, 21i. 10s.; sea Instriments 
& bookes, 12s.; 1 fowUing pece & old muskett & sword, lli. 10s.; 
6 putter platers, 18s.; 2 putter poots, 8s., small peces of puter, 
lli. 8s.; Iron worke, Latten wear, lli. 10s.; 2 lorn poots & one 
kittle, lli.; 2 brass kittell, 1 bras pot & skillett, 21i. ISs.; 1 warm- 
ing pan & 1 smothing Iron & a Looking glass, 12s.; 1 small p* 
stUlyards, 5s.; 3 Chests, lli. 3s.; 4 boxes, 14s.; 1 Cubart, Ss.; 
2 casses, 6s.; 1 table & forme, 12s.; 9 Chayers, 14s.; woodin 
ware & Earthen ware, 10s.; Lead, 5s., and ax & other tooles, 

{Autograph. 



1670] RECORDS AND FILES 313 

Inventory of the estate of Mrs. Pitts, deceased, was brought 
into court by Mr. Christopher Lattamore and was allowed. It 
was filed in the last June records together with her will.* 



128.; tobac a small psell & 2 halfe barrells, 6s.; the Cow & 2 
piges, 41i.; by fower pounds yt Thomas Maule is indebted, 
41i.; by 60U. of ocom, 15s.; total, 1231i. 13s. Debts, 701i. at 
least. 

^Nuncupative will of Susanna Pitt, formerly wife of William 
Pitt of Marblehead, made upon her death bed, which was 
admitted to probate, with consent of said William Pitt, Christo- 
pher Lattermore being administrator. Francis Johnson,t Hugh 
Drury,t John Wiswall, jr.,t and Willm. Howard,t being appointed 
appraisers of the house and land at Boston, Sept. 8, 1670, valued 
it at llOli. current pay of New England. Sworn in court by 
Christopher Lattamore. 

Henry Russell of Marblehead, aged about twenty-eight years, 
deposed, Sept. 28, 1668, that on the 7th day of this month, 
Susannah Pitts, lying on her death bed in perfect sense and mem- 
ory, about two weeks before she died said "I doe Giue unto my 
Husband, the one halfe of all that I haue & the other halfe unto 
my daughter mary Lattimore" and further said that she had a will 
at Boston that should not stand but this her last will should 
stand. Sworn, Sept. 29, 1668, before William Haythome, assist- 
ant. Copy made by Edw. Rawson,t secretary. 

John Deverex, aged fifty years, deposed. Sworn in court. 

Mr. WiUiam Pitts gave consent to his wife's will and mind, it 
being part of that estate that she brought to him. Sworn in 
court. 

Wribrough Gachell of Marblehead, aged about fifty years, 
deposed that she helped to tend Susannah Pitts in her sickness, 
and asking her how she did, she answered that she was very ill 
and said "what shall I doe I shall die." Deponent told her she 
must do as Hezekiah did, set her house in order. She said "the 
Lord knows I have not done it," and desired that deponent get 
another witness, so she called in one of her neighbors, Henry 
Russell. She told her daughter Mary Lattimore that she had 
many good things in her chest at Boston and that the key was 
in the till of her chest in the house to which she pointed. She 
then desired her husband to give George Porter 20s., because he 
was a fatherless child, and to Janie Williams her green petticoat, 
to which he replied, "I will, wife." Moreover she desired her 
daughter Lattimore to give to Richard Hammon her best apron, 
and desired her husband to receive of the tennant Robert Carver 
half a year's rent and should give him a receipt for twelve months. 

fAutograph. 



814 SALEM QUABTERLT COURT [NoV. 

John Newell brought into court an inventory* of the estate 
of John Sanders, deceased, which was allowed. 

The remaining part of an inventory of Mr. Samuell Simonds, 
jr., was brought in and filed with the former part in November 
court records, 1669. 

Mr. George Keaser, constable of Salem, brought in a charge 
of 358. for seizing the cocoa, according to a warrant from the 
Deputy Governor and Assistants; also a charge of 25s. 6d. about 
the person who was taken up and imprisoned and afterwaids 
broke prison and was lately executed for theft. Both accounts 
were allowed and the treasurer was ordered to pay the said sums. 

Mr. George Keaser, constable of Salem, brought in a chai^ge 
of 26s. 6d. for several disbursements, which were allowed-f 

Whereas at the last Ipswich court, a request was presented 
from the selectmen of Salem for allowing Anthony Ashby to keep 

Sworn, 29 : 7 : 1668, before William Hathome, assitant. Copy 
made by Edw. Raw8on,t secretary. 

* Inventory of the estate of John Sanders, deceased, brought 
in by John Newell of Lyn: Cow, 31i.; goods left with me, lli. 
12b.; owing me, 31i.; paid to John Hathome, 7s. 5d.; to Jasper 
Griffin, 6s.; to John Ballard, 5s.; to Nathaniel Ballard, 4s. 6(1.; 
to John Bread, 2s.; owing to myselfe, 2s. 6d.; for waying and 
loading of a load of hay. Is.; total, 41i. 8s. 5d. 

fConstable Georg Ee3n3ar's disbursements on the county's 
account; hue and crye sent to Lyn from Mr. Symonds for Nicho- 
las Vanden, servant to Robert Crosse, of Ipswitch, with an Iron 
about his neck, dated 30 : 6 : 1669, 2^.; one hue and crye from 
Roger Plaisted, Comr., for William Wheeler, for breaking prison 
and running from under the hand of authority, being taken on 
suspicion of committing rape, dated 3:4: 1670, 2s. ; to Charles 
Hill for whipping several persons, 12s.; whipping four persons 
last Salem court, 10s. 

Disbursements for seizing the cocoa, by virtue of a warrant 
from the Coimcil: for boat hire, 3s.; for 3 mens worke in unload- 
ing, landing & carryeing into warehouse 17 hhds. at 3s. p day, 
9s.; for one boy's help about the same one day. Is. 6d.; for 
one man's watching the first day aboard, 2b. 6d.; for my owne 
attendance 2 dayes and one night, 10s.; for warehouse roome 
to Elder Browne, 7s. 6d.; delivering it out. Is. 

Also disbursements on the person that broke prison here and 
was hanged at Boston: for 3 men bringing him from Wenham, 
9s.; and because he was unruly and would not goe they were 
forced to hire a horse for his carriage, 2s. 6d. 

{ Autograph. 



1670] RBGOBD8 AND FILES 316 

an ordinary, and court understanding at the same time that 
there had passed a vote against it at a general town meeting and 
that several of the chief inhabitants were opposed to his estab- 
lishing in that employment, further consideration thereof was 
referred to this court. They found the like different desires 
continued and it appearing that by joint consent there was need 
of another ordinary to be set up, court allowed and confirmed 
such person to keep an ordinary as the major part of the free- 
men and such others allowed by law to vote shall make choice 
of at the next general meeting about March next, hoping and 
expecting that due care will be taken for the choice and procuring 
of such a one as may conduce to the welfare of the town and 
meet acconunodation of strangers.* 

^Petition to the Ipswich court: "Wee whose names are vnder- 
neath subscribed A inhabitants of the Towne of Salem, hearing 
that M' Anthony Ashby of our Towne, does Intend to move 
this Court, for allowance to keepe an ordenarye: wee doe not 
know uppon what groimd hee dus proceed: because the Select- 
men, not Long since could not agree to giue him Incouragement: 
but referred him to A Generall Towne meeting wheare the Town 
Generally shewed there dislike & there past a cleere voat against 
it: and wee humbly conceiue that in seuerall respects he is not 
fitt for that Implo3rment nor will it be for his owne advantage, 
And therefore doe humbly desire yo' worships seriously to Con- 
sider of it and not to speedily graimt him liscence, yet leaving 
of it to yo' wisdoms, and to the Lord to direct you in this and 
all other yo' concemements." John Higginson, sr.,t Benjamin 
Fe[l]ton,t Will. Doimten,t Henery We8t,t John Stevens,t John 
Neall,t Hilliard Veren, sr.,t Christopher Babbidg,t John Symonds,t 
Nickolas Poter,t Job Swinerton,t Benjamin Ganson,t John Hig- 
ginson, jr.,t Georg Keysar,t Elteazar Gedney,t William Sea- 
grave,! Nickolas Bartlet,t Robert Folet,t James Symonds,t 
Jereiniah Neall,t Francis Skerry,t Henry Skerry, sr.,t John 
Williames,t thomas watson,t Wm. Hathome, sr.,t William 
Browne,t Henry Bartholmew,t Richard Prince,t Thomas Jeg- 
gell8,t Joseph Grafton, sr.,t paske foote,t paske foot,^ Edward 
woling,t John (his mark) Ingarsoll, George Gardner,! Stephen 
DanieU,t Christer Waller,t Joshua Miles,t Jeffere Massey,t 
Richard Bishop,t Willyam Lord,t thom (his mark) weste, 
Richard Watersf and Edward Mould.f 

Another petition, partially torn, containing the following 
names: Walter Price, Tho. Putnam, brown, Philip Crom- 

t Antograph. 



316 SALEM QUABTEBLT COUBT [NoV. 

Fined by Major Hathome, 26 : 10 : 1670: 

Josiah Browne, for being disguised with drink and swearing 
by the name of God. 

Susan, wife of PhiUip Harden, for taking two quinces, treble 
damages. 

There being a bill of 50s. expenses at Mr. John Gidney^s by 
the Coimty Commissioners about the coimty rate presented, it 

well, Jno. Porter, sr., Danell Rumball, Ed. humber, Ed. Groves, 

Will. Lake, Massy, Isak WUliams, brown, jr., 

Peter Chever, sr., ^11 Flintt, Tho. More , [Rijchard Adams, 

Nath. Pickman, [Zeruba]bell Endycott, Daniel Weld, 

Lord, horn, Jno. horn and Jos. Graften, jr. 

Letter from John Hi^inson* to "ye Honoured & Worshipful 
M' Broadstreet & y* rest of y* Magistrates of y* Court at Salem, 
Nov. 30: Honoiured S" Being very crazy & ill y* I cannot stirre 
abroad, I make bould to inform you in this way y^ I durst not 
but in duty or conscience set my hand imto those 2 writings 
wch were presented to your selves at Ipswich Court, upon y* 
groimds there expressed against M' Ashbyes being admitted an 
ordinary keeper in Salem entreating y* y^ case may be serioudy 
considered now, whether y* present ordinaries may not rather 
be more strictly ordered, then another be added to them, espec- 
ially since M' Ashby was judged an unfitt man for such a place 
by a generall vote of the town when it was referred to them by 
y* Selectmen not agreeing in it & y* some of s** selectmen y* set 
their hands to his approbation haue since frequently sayd they 
judg him unfitt but yielded to y^ importunitie of others, also 
divers of those y^ set their hands to a writing for him haue said 
they were ouercome by importunity And m' Ashby hath kept 
an ordinary here in y* towne without Ucense & sold frequently 
for 3 pence a quart, both w®*^ (is supposed) to be contrary to law, 
& he hath seemed to carry it with a high hand as if he was sure 
to be approued, when it may be feared in regard of his temper 
being so much addicted to Companionship, y* his Ordinary keep- 
ing may be a snare to y^ looser sort of people in this place & a 
means to increase drunkennes & prophanes here, ag"^ w^^ there 
haue not wanted very said or judiciall warnings, as y^ drowning 
of seuerall persons at seuerall times occasioned by their excessive 
drinking & others by frequent f udling & company keeping undone 
in tJieir estates, as M' Woodcock who dyed in horror complain- 
ing of y^ snare of companie & drinking. But I doubt not but 
it is & willbe your serious care to prevent such things as much 
as may be thus resting in y^ discharge of my own duty & craving 
pardon for my bouldnes I rest." 

* Autograph. 



1670] BBCOBD8 AND FILES 317 

was allowed. Court ordered the constable of Salem to pay the 
said sum out of their country rate to Mr. John Gidney. 

On 1 : 10 : 1670, William Hathom, sr., aged sixty-three years, 
testified that ''about thirty yeares agoe when my Lady Moody 
first came ouer & inF Humfryes had receiued of her eleuen hun- 
dred poimds, as they both agreed, Cap* Turner, m' Edward Tom- 
lin & my self were chosen by them to value an estate that was 
p'sented to vs by m' Hmnfry, pt of which estate was the house 
& land in which he then lined caled Swamscott, we had an order 
dehuered to vs, made at new Towne, by the Generall Court 
directing vs to the boimds which weere by estimation, a mile from 
the sea side, & run to a great white oake, neere the Rock and 
soe to the Rockes vpon the same line: the other farme on the 
north fell som yeares after into my hands, whoe knowing what 
wee had valued before, I sold to marblehead, & noe further to 
the sothward, & from the Rock to the spring, between Georg 
Farrs & Thomas Smithes." Sworn in court. 

Mr. Paule Thomedike presented a writing as his father John 
Thomdike's last will, proved by oath of Capt. Tho. Lothrop, 
and said Paul was appointed administrator. He was to bring 
in an inventory to the next Salem court. 

Execution, dated 27 : 8 : 1670, against Samuel Graves, to 
satisfy judgment granted Edmund Ashby, 28 : 4 : 1670, at Salem 
court, signed by Billiard Veren,* cleric, and served by Henery 
Skerry,* marshal of Salem. 

Execution, dated 13 : 10 : 1670, against Joseph Bowde, to 
satisfy judgment granted Peeter Miller, 29 : 9 : 1670, at SaJem 
court, signed by HilUard Veren,* cleric, and served by Henery 
Skerry,* marshal of Salem. 

Execution, dated 17 : 8 : 1670, against Mordecaie Craford, to 
satisfy judgment granted Capt. Wdter Price, 30 : 9 : 1669, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated 8 : 10 : 1670, against Edward Richards, to 
satisfy judgment granted the selectmen of Lyn, 28 : 4 : 1670, 
at Salem court, signed by Hilliard Veren,* for the court, and 
served by Henery Skerry,* marshal of Salem, by attachment of 
the piece of land that said Richards had enclosed with a stone 
wall, and of one cow, one hog and one pig, and gave possession 
to the selectmen by turf and twig. 

Execution, dated 2:5: 1670, against Joseph Armitage, to 
satisfy judgment granted Mr. Eleazer Hathome, June 29, 1669, 

*Antograph. 



318 SALEM QITABTEBLT GOUBT [NoV. 

at Salem court, signed by Hilliard Veren,'*' cleric, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated Oct. 3, 1670, against James Murfee, to satisfy 
judgment granted to Jonathan Gage, 29 : 4 : 1669, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henery 
Skerry,* marshal, who delivered said Murfee to Edmond Bridges, 
who was engaged to pay. 

Execution, dated June 1, 1670, against John Godfeiy, to satisfy 
judgment granted Daniell Elah, June 29, 1669, at Salem court, 
signed by Hilliard Veren,* cleric, and served by John Griffing* 
of Merymacke, deputy for Henery Skerry,* marshal of Salem. 

Execution, dated 30 : 9 : 1670, against Laurance Barnes, to 
satisfy judgm^it granted William Nick and Phillip Hardin, 
29 : 9 : 1670, at Salem court, signed by Hilliard Veren,* cleric, 
and served by Henery Skerry,* marshal of Salem, by attachment 
of household implements. 

£]xecution^ dated 27 : 10 : 1670, against Anthony Ashby, to 
satisfy judgment granted William Reeves, 29 : 9 : 1670, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henery 
Skerry,* marshal of Salem, by attachment of a bam and land, 
deUvered by turf and twig. 

Execution, dated 2 : 10 : 1670, against John Bly, to satisfy 
juc^gment granted Capt. George Corwin, 29 : 9 : 1670, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henery 
Skerry,* marshal of Salem, who delivered said Bly to Capt. CJor- 
win for three years, or until the whole amoimt was paid. 

Execution, dated 2:5: 1670, against John Cleford, to satisfy 
judgment granted John Home, sr., 28 : 4 : 1670, at Salem court, 
signed by Hilliard Veren,* cleric, and served by Henery Skerry.* 

Execution, dated 2 : 10 : 1670, against Thomas Davis, to satisfy 
judgment granted Edmond James, 29 : 9 : 1670, at Salem court, 
signed by Hilliard Veren,* cleric, and served by David Haseltine,* 
of Merimacke, deputy for Henery Skerry,* marshal of Salem. 

Execution, dated 29 : 9 : 1670, against Joseph Armitage, to 
satisfy judgment granted Mr. John Gifford, 23 : 4 : 1670, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated May 12, 1670, against George Early, to satisfy 
judgment granted Mr. Phillip Cromwell, 24 : 9 : 1668, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henery 
Skerry,* marshal of Salem. Mr. John Turner engaged to pay 
the remainder. 

Execution, dated June 1, 1670, against Sander Migilligan, to 
satisfy judgment granted Margarett Benett, June 25, 1667, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Henery Skerry,* marshal of Salem. 

* Autograph. 



1670] HB0OBD8 AND VILMB 319 

Execution, dated 6 : 12 : 1670, against Samuell Benett, to 
satisfy judgment panted Capt. George Ck>rwin, 29 : 9 : 1670, 
at Siuem court, signed by EQlIiard Veren,* for the court, and 
served by Henery Skerry,* marshal of Salem, who delivered two 
oxen, one heifer and a mare to Capt. Curwin. 

Execution, dated 13 : 10 : 1670, against Capt. William Davis, 
to satisfy judgment granted Mr. Thomas Cobbitt, 29 : 9 : 1670, 
at Salem court, signed by Hilliard Veren,* cleric, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated July 4, 1670, against Robert Codner, to sat- 
isfy judgment granted to Capt. George Corwin, 26 : 4 : 1666, at 
Salem court, signed by Hilliard Veren,* cleric, and served by' 
Henery Skerry,* marshal of Salem, upon the house and groimd 
and all tiie trees on it, who gave possession by turf and twig to 
John Peach, sr. for Capt. Corwin. 

Execution, dated 24 : 11 : 1670, against Capt. Walter Bare- 
foot, to satisfy judgment granted Mr. Harlackendine Simonds, 
29 : 9 : 1670, at Sdem court, signed by HilUard Veren,* cleric, 
and served by Abraham Drake,* marshal of Hampton, deputy for 
Robert Lord,* marshal of Ipswich. Said Lord had appointed 
Hennery Green of Hampton his deputy. Mr. Crother was 
surety for Capt. Barfoot for pine boards or staves at Exeter. The 
bill was deUvered into Henry Grene's hand for Mr. Simonds. 
Another execution, dated 13 : 11 : 1670, Mr. Henry Grenland, 
surety for Capt. Barefoot, who tendered the land by John Peck- 
rum, with the house, which was appraised by Lef tenant Benjamin 
Sweat and John Patereg. 

Execution, dated Nov. 14, 1670, against Richard Endle, to 
satisfy judgment granted Mr. Jonathan Wade, Sept. 27, 1670, 
at Ipswich court, signed by Robert Lord,* cleric. Robert Lord,* 
marshal, appointed Thom. Androw or Androw lament, his 
deputy. 

Births, marriages and deaths for Topsfield in 1670, returned 
by John Redington,* clerk: 

Thomas Dorman, sr., died Apr. 26. 

Thomas, son of John and Mary Death, bom May 21. 

Elizabeth, daughter of William and Elisabeth Perkins, bom 
June 21. 

Thomas, s. Isack and Mary Cmnmings, bom June 27. 

Thomas Andrews and Martha Antrome, married June 22. 

Thomas, son of Thomas and Judeth Dorman, bom Aug. 14. 

Thomas, son of John and Hana Pabody, bom July 22. 

Michaell, son of Michaell and Mary Dwenell, bom Dec. 5. 

Susana, d. Michaell and Sarah Bouden, bom June 10. 

Hanah, d. Daniell and Hanah Bourman, bom Feb. 18. 

Sarah, d. Robert and Mary Smith, bom Jime 25. 

Samuell Howlet and Sarah Clarke, married Jan. 3. 

*Antograph. 



320 SALEM QUABTBBLT GOUBT [NoV. 

Jury of inquest, Leutenant Brockelbauck, Deacken Jewit, 
Wilyam Jackson, James Dickinson, John Burbanck, Richard 
Clarke, John Stickne, Lenard Hareman, Andrew Stickne, George 
Kilbinne, James Barker, sr. and Samuel Palmer, retinned a ver- 
dict, Jan. 26, 1670, upon the death of Wilyam Seals, that ''his 
ScuU Was Broke and his Branes broke bye a lime of a tre accord- 
ing to thare Best information.'' Attested by Jeremiah Els- 
worth,* constable. Sworn before Samuel Sjrmonds,* assistant. 

Newbury marriages for 1670, returned by Anthony Somerby :* 
Thomas Tharla and Judith March, Apr. 13. 
Jonathan Moores and Constance Longhom, May 10. 
Jacob Tappan and Mary Plumer, Dec. 6. 
Abraham Adams and Mary Pettingal, Nov. 16. 
Samuell Peirson and Mary Poore, Dec. 7. 
Joseph Muzzy and Esther Jackman, Feb. 9. 
AbeU Merrill and Priscilla Chase, Feb. 10. 

Newbury deaths for 1670: 
Joanna, d. Nathanel Merrill, Oct. 30. 
Aquilla Chase, Dec. 17. 

Newbury births for 1670: 
Aquilla s. Ciumac Annis, June 6. 
Samuel, s. Peter Tappan, June 5. 
Mary, d. Joseph Pike, Apr. 30. 
Edmimd, s. Steven Grenleafe, May 10. 
John, s. Abell Huse, June 20. 
Richard, s. John Kent, June 25. 
Judith, d. John Hale, July 5. 
Bathsua, d. Samuel Plimier, July 31. 
Susanna, d. James Mirricke, Aug. 20. 
John, s. Anthony Morse, jr., Sept. 13. 
Martha, d. John WooUcut, Sept. 13. 
Sara, d. Thomas Noyes, Sept. 14. 
Sara, d. John Kelly, Sept. 15. 
James, s. Daniel Thurston, Sept. 24. 
John, s. John Glading, Oct. 11. 
Joseph, s. Francis Brown, Sept. 28. 
James, s. James Smith, Oct. 19. 
Robert, s. Robert Holmes, Nov. 2. 
Samuel, s. John Emery, jr., Dec. 28. 
Daniel, s. Daniel Cheny, Dec. 31. 
Hannah, d. Abraham Merrill, Jan. 3. 
Edith, d. Richard Bryer, Dec. 27. 
John, s. Nathaniel Clarke, Jan. 24. 
Mary, d. Mary Dival, Feb. 6. 
Mary, d. John Stevens, Feb. 10. 
Benjamin, s. Joseph Coker, Mar. 11. 

^Autograph. 



1670] KECORDS AND FILIBS 321 

Rowley births, 1670: 
James, s. Jonathan Plats, Mar. 25. 
Hanah, d. John Piekerd, Apr. 10. 
Mary, d. Samuel Dresser, June 16. 
Sarah, d. Tobiah Colman, Jime 17. 
Samuel, s. John Todd, July 9. 
Andrew, s. Andrew Hiden, Aug. 26. 
Jonathan, s. John Bailee, Aug. 31. 
John, 8. Mr. Samuel Philips, Oct. 23. 
Jeremiah, s. Mr. Philip Nelson, Nov. 23. 
Nathaniel, s. Nathaniel Harris, Jan. 6. 
Jaine, d. Left. Samuel Brocklebanke, Jan. 31. 
Mary, d. Thomas Lambert, Feb. 6. 

Rowley marriages, 1670: 
Nathaniell Harris and Elizabeth Hazen, Apr. 5. 
Timothy Palmer and Elizabeth Huggins, June 3. 
John Hopkdnson and Elizabeth Pearson, June 8. 
Thomas AUee and Sarah Silver, Feb. 6. 
John Pearson and Mary Piekerd, Feb. 14. 

Rowley burials, 1670: 

Mr. Samuel Appleton, . 

John s. John Johnson, Oct. 7. 
Hanah, d. John Palmer, Oct. 25. 
John, s. Mr. Samuel Philips, Nov. 23. 
Jeremiah, s. Mr. Philip Nelson, Jan. 18. 
John Boynton, Feb. 18. 

Andover births, 1670: 
Steven, s. Steven and Mary Osgood, Aug. 16. 
Thomas, s. Thomas and Mary Johnson, Oct. 19. 
Thomas, s. Ralf e and Elizabeth Famum, July 14. 
Mary, d. Andrew and Mary Foster, Nov. 28. 
Elizabeth, d. Henry and Sara Holt, Dec. 29. 
Samuell, s. Samuell and Sara Holt, Aug. 3. 
Lusy, d. Daniell and Mary Pore, Sept. 28. 
Joshua, s. John and Hanna Stevens, July 17. 
Sara, d. Nathan and Mary Parker, Apr. 3. 
John s. John and Rebecka Famum, Jan. 20. 

Andover deaths, 1670: 
Samuell, s. John and Mary Ayres, Sept. 5. 
Thomas, s. William and Mary Chandler, Oct. 6. 
John, s. John and Rebecka Far, Feb. 14. 

Andover marriages, 1670: 
John Barker and Mary Stevens, July 6. 
Joseph Wilson and Mary Lovejoy, July 4. 

Writ: Capt. George Corwin v. Samuell Bennet; debt; dated 
22 : 9 : 1670; signed by Hilliard Veren,* for the court; and 

^ Autograph. 



322 SALEM QUABTERLT C0X7BT [NoV. 

served by Henery Skerry,* marshal of Salem, by attachment of 
hoop ground and salt marsh of defendant. 

Writ: Moses Mavericke v. John Bly; debt; dated Oct. 26, 
1670; signed by Moses Mavericke,* for the court; and served 
by Edw^d Grove,* marshal of Salem. 

Writ: Mr. Eklmond Batter v. Robert Dutch; debt; dated 
4:9: 1670; signed by EUlliard Veren,* for the court; and served 
by Henery Skerry,* marshal of Salem, by attachment of house 
and groimd of defendant. 

Writ: John Martin v. Robert Dutch; for withholding thirty- 
five quintals of refuse fish which said Dutch received of Mr. 
Fryer of Pascattaque for said Martin's use and by his order to be 
deUvered to Mr. Eklmond Batter; dated 4:9: 1670; signed by 
HiUiard Veren,* for the court; and served by Henery Skerry,* 
marshal of Salem. 

Writ: William Lake, husband of Anna, daughter of Mr. John 
Straton v. Thomas Caly; for withholdmg or refusing to give 
possession of a parcel of land formerly said Stratton's, mortgaged 
to Major Gibbesis, deceased, and by him given to Anna, now wife 
of William Lake; dated 22: 9 : 1670; signed by HiUiard Veren,* 
for the court; and served by Edmond Bridges,* deputy for Hen- 
ery Skerry,* marshal of Sdem, by attachment of the dwelling 
house of defendant. 

Writ: William Browne, sr. v. William Nicholls; debt; dated 
22 : 9 : 1670; signed by HiUiard Veren,* for the court; and served 
by Henery Skerry,* marshal of Salem, by attachment of the 
dwelling house and land of defendant. 

Writ: John Hathome, for himself or as the assignee of Samuell 
Archard, late marshal of Salem; forfeiture of a bond; dated 
Nov. 15, 1670; signed by HiUiard Veren,* for the court; and 
served by Henery Skerry,* marshal of Salem, by attachment of 
a chest and box of defendant. 

Writ: Mr. WUliam Hollingworth v. MichaeU PoweU, jr.; for 
several goods left with said PoweU in Barbadus and Verginea, 
and money in New England; dated 26 : 8 : 1670; signed by 
HiUiard Veren,* for the court; and served by Edward Grove,* 
constable of Salem, who attached a Uttle negro boy '' known by the 
name of Seaser now in y« hands of M' WUl. Hollinworth as y* 
proper goods" of said PoweU. 

Writ: Steephen Haskett v. Steephen Searle and wife Mary, 
administratrix to the estate of AUexander Scares, deceased, her 
late husband; for about 40U. paid for her to several men of debts 
due to them from the estate of said Scares, deceased; dated 
Sept. 23, 1670; signed by HiUiard Veren,* for the court; and 
served by Henery Skerry,* marshal of Salem, by attachment of 
houses of defendimt. 

Writ: Edmond Batter v. Thomas Looke; debt; dated 22 : 

* Autograph. 



1670] BBCORDB AND FILB8 323 

9 : 1670; signed by Hilliard Veren,* for the court; and served by 
Henery Skerry,* marshal of Salem, by attachment of the house 
and ^ound of defendant. 

Writ: Mr. Phillip Cromwell v. William Curtice; debt; dated 
7:9: 1670; signed by Hilliard Veren,* for the court; and served 
by Henery Skerry,* marshal of Salem. 

Writ: Thomas Pitman v. Peeter Miller; for his part of salt 
used upon a fishing voyage several years ago, wherein they were 
partners for which the plaintiff was sued by Mr. Browne; dated 
17 : 9 : 1670; signed by Hilliard Veren,* cleric; and served by 
Henery Skerry,* marshal of Salem. Bond of Peter Meller.* 

Writ: Richard Rowland v. John Knights, sr., of Beverly; 
debt; for rent for a house and ground; dated 16 : 9 : 1670; 
signed by Hilliard Veren,* for the court; and served by Henery 
Skerry,* marshal of Salem. 

Writ: Sarah Marsh, administratrix of the estate of John Marsh, 
deceased v. Zachariah Herrick; debt; dated 16 : 9 : 1670; signed 
by Hilliard Veren,* for the court; and served by Henery Skerry,* 
marshal of Salem. 

Writ: Capt. Georg Corwin v. John Leach, sr.; debt; dated 
21 : 9 : 1670; signed by Hilliard Veren,* cleric; and served by 
Henery Skerry,* marshal of Salem. 

Writ: John Bly v. John Northey, sr.; debt; dated 18 : 9 : 
1670; signed by Hilliard Veren,* for the court; and served by 
John Legg,* constable of Marblehead. 

Writ: Edmund Batter v. Oliver Purchase; debt; dated 21 : 
9 : 1670; signed by Hilliard Veren,* for the court; and served by 
Henery Skerry,* marshal of Salem. 

Writ: WilUam Reeves v. William Hoare; debt; signed by 
Hilliard Veren,* for the court; and served by Henery Skerry,* 
marshal of Salem. 

Writ: Mr. Henery Bartholomew V. Joseph Bound; debt; dated 
Oct. 25, 1670; signed by Moses Mavericke,* for the court; and 
served by Jon. Legg,* constable of Marblehead. 

Writ: Thomas Dixie v. John Pitman; damage done by a colt 
of said Pitman; dated Oct. 14, 1670; signed by Moses Mav- 
ericke,* for the court; and served by James Dennes,* constable 
of Marblehead. 

Writ: Mr. John Ruck v. Rowland Rainsbury; forfeiture of a 
bond; dated 2:9: 1670, signed by Hilliard Veren,* for the 
court; and served by Jon. Legg,* constable of Marblehead. 

Writ: Moses Mavericke v. William Williams; debt; dated 
Nov. 21, 1670; signed by Moses Mavericke,* for the court; and 
served by Jon. Legg,* constable of Marblehead. 

Writ: Mr. Jeremy Hobart v. Capt. Tho. Lothropp, Willm. 
Raymond, Jno. Raymond, sr., Nicol. Woodbery and Mr. Roger 
Conant, the new selectmen of Beverly, and ''one John Hale tiie 

*Autogragh. 



324 SALEM QUARTBBLT COUBT [NoV. 

minister;" for an undue detainer of his house and lands in Beverly, 
which house Mr. Hale now enjoys, etc.; dated Nov. 19, 1670; 
signed by Hilliard Veren,* for the court; and served by Jno, 
Lovett, jr.,* constable of Beverly. 

Writ: Mr. Jeremiah Hobart v. Capt. Tho. Lothrop, John Ray- 
mond, sr., Willm. Rajmaond, Nicol. Woodbery, and Mr. Roger Co- 
nant, now selectmen of Beverly; for withholding a debt due for 
preaching at Beverly, alias Cape-Ann side or Bass river, for divers 
years; dated Nov. 19, 1670; signed by Hilliard Veren,* for iJie 
court; and served by Jno. Lovett, jr.,* constable of Beverly. 

Writ: Walter Price v. Richard Sutton of Roxbury; withhold- 
ing a debt; dated 31 : 8 : 1670; signed by Jonath. Negus,* for 
tiie court; and served by Rich. Wayte,* marshal of Si^olk. 
Bond of Richard Sutton.* 

Writ: Mathew Price v. John Snelling; debt, to be paid in 
fish, beef, pork or boards; dated Oct. 24, 1670; signed by Jona- 
than Negus,* for the court; and served by Rich. Wayte,* mar- 
shal of Suffolk. Bond of John Snellinge.* 

Writ: John Hathome v. Edward Page; debt; dated Nov. 15, 
1670; signed by Jonath. Negus,* for the court; and served by 
Rich. Wayte,* marshal of Suffolk. Bond of Ed. Page.* 

Writ: Quartermaster John Perkins v. John Andrews, jr.; for 
not paying ten pounds to Henry Bennett for Laurance Clenton, 
according to agreement; dated Nov. 22, 1670; signed by Robert 
Lord,* for the coiuii; and served by Robert Lord,* marshal of 
Ipswich. 

Writ: Henry Bennett v. Quartermaster John Perkins; debt 
he engaged to pay him for Laurence Clenton in wheat, pork and 
malt; dated Nov. 21, 1670; signed by Robert Lord,* for the 
court; and served by Robert Lord,* marshal of Ipswich. 

Writ: William Vinson, sr., of Gloster v. John Tode of Rowley; 
debt of 12h. 12s. for thirty-two earthen pots; dated Nov. 15, 
1670; signed by Thomas Riggs,* for the court; and served by 
Robert Lord,* marshal of Ipswich. 

Writ: John Pinder v. Mr. Henry Russell and Francis, his 
wife; for slander by his wife and son Henry; dated Nov. 18, 
1670; signed by Robert Lord,* for the court; and served by 
Robert Lord,* marshal of Ipswich, by attachment of part of the 
house and land. 

Writ: Capt. James Smith v. John Devorix; slander; dated 
Sept. 29, 1670; signed by Robert Lord,* for the court; and 
served by Rob^ Lord,* marshal of Ipswich. 

Writ: Obadiah Bridges v. Ephraim Fellows; for abusing him 
upon the highway with many blows; dated Nov. 23, 1670; 
signed by Robert Lord,* for the court; and served by Robert 
Lord,* marshal of Ipswich, by attachment of wheat and barley 
in defendant's bam. 

^Autograph. 



1670] RECORDS AND FILBS 325 

Summonses, dated 2 : 10 : 1670, signed by EQlliard Veren,* 
cleric, to the following: Steeven Haskett, for suspicion of forgery 
of a bill; to Mr. John Ruck for not selling beer to strangers and 
townsmen, with witnesses, Mr. Phill. Cromwell and Isaack 
Williams; to Mr. Anthony Ashby, for sellhig beer at 3d. per 
quart without license, with witnesses, MarSial Skerry, Hen. 
West and Geo. Keaser; to Mathew Price, for cursing and often 
swearing, with witnesses, Tho. Rix, Geo. Keaser and John Put- 
man; to Georg Bursh, for being drunk, same witnesses; served 
by Edward Grove,* constable of Salem, who returned that Georg 
Burch was at sea with Mr. Habacock Turner, that he had not 
summoned John Putman, ^'hee liueing up in y* woods seuerall 
miles of and y* said Price does in some measure acknoledg his 
fault for w^ he desiers to be ashamed and will submitt himselfe 
to y* Judment of y* Cort." 

Presentments, without date, signed by Thomas Laughton,* 
in the name of the grand jury: 

Daniell Salmon of Lynn, for being drimk some time the past 
summer in hay time. Wit: Mr. SanJl. Whiteing, sr., Will. 
Croft and John Witt. 

The town of Beverley for the insufficiency of the highway at 
the Ferry betwixt Mr. Cunnunt's house and the house of John 
Knight. Wit: John Fiske and Natiiamll. Heward, both of the 
grand jury. 

One other presentment, torn, with witnesses. Will. Trask, 
^h Traske and John Peeter. 

Bill of charge for Jon. Hucheson and Porter, 21i. 3s. 4d. 

Edward Richards' bill of cost, lli. 5s. 

John Frost, aged thirty-three years, deposed that being at 
Fayall in April, 1670, Mr. Tho. Milton being at said port in a 
ketch bound for Newfoimdland to make a voyage, one of his 
men desired to go with deponent to London. His cooper Joseph 
EUiot agreed with the man to change voyages and wages, which 
they did "with the consent of both of us masters," the pay being 
about eight pounds in London. Sworn, 29 : 9 : 1670, in Salem 
coiuii. 

Mary, wife of George Thomas, testified that Henery Kemball, 
blacksmith, of Boston, came to their house and told her that 
George Thomas, her husband, had sent him for the deed of stde 
they had from said Kemball and said he had spoken with Mr. 
Robert Brimsden and agreed with him about the land. He 
said he would bear her husband harmless and would bind him- 
self in a bond of £100, on account of which promises she gave 
him the deed. Rebecca Bly deposed the same. Sworn, 2 : 
10 : 1670, in Salem court. 

Rich. Prince and Wayburo Gatchell, on 25 : 9 : 1670, were 
brought before Wm. Hathome about abuses upon complaint of 

* Autograph. 



326 IPSWICH QUABTBBLT COURT [Mar. 

Court held at Ipswich^ Mar. 28, 1671. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds and 
Major Genrll. Daniell Denison. 

Grand jury: Georg Gidding, Comett Jo. Whipple, Walter 
Roper, Jo. French, Jer. Jewett, Tho. Bumam, Wm. Ilsly, Tris- 
tram Cofiin, Ens. Stephen Greenlefe, John Pickard, Wm. Acie, 
James Barker, Edmond Towne and Daniell Poore. 

Jury of trials: Mr. Dan. Epps, Dea. Moses Pengry, Corprll. 
Jo. Whipple, Sergt. Tho. Waite, John Newmarsh, Mr. Eaek. 
Rogers, Abra. Tappan, Wm. Chandler, Tho. Leaver, Wm. Boyn- 
ton, Charles Browne and Isaack Estye. 

Mr. SamueU Symonds and Major Genrll. Daniell Denison on 
Feb. 16, 1670, granted administration upon the estate of Thomas 
Bishop of Ipswich, to Margrett, the widow, until the next 
Ipswich court. 

On Mar. 24, 1670, Richard Pomroy acknowledged judgment 
to Mr. Jonathan Wade of 15711. 5s. 4d. to be paid in cod fish at 
the He of Sholes, which settled all claims except five bushels of 
salt which remained dubious. 

Also Andrew Newcom acknowledged judgment to Mr. Jona- 
than Wade of 441i. 9s. 8d., to be paid in cod fish at the He of 
Sholes. 

Will of John Boynton of Rowley, dated Feb. 8, 1670, and 

Stephen Daniell, and Mary Chapman said that said Gatchell 
said in Rich. Prince's house that when he bade her go out of his 
house she would not go without her son; that she came for him 
and he should go with her, ''and when he said he would fetch 
him again, shee sd he should haue him dead & not aliue." Sworn, 
25 : 9 : 1670, before Wm. Hathome.* 

Copy of a bond, dated Nov. 18, 1650, from Valentine HiU of 
Boston to Mr. Thomas Cobbitt of Lynn, ''for the estate of Jane 
Skipper in my hand, whose pson is comitted to my trust aisoe 
for certaine sume receiued of himself e, all which amounts to one 
hundred pounds sterling," which he bound himself to pay to 
said Corbitt for the use of Jane Skipper, Dec. 1, 1655, giving as 
security all his right in three-quarters of Oyster river in Pas- 
cattaque, and three-quarters of all the mill work erected there, 
etc. Acknowledged, 22 : 9 : 1650, before George Smith, recorder, 
who recorded it in the book of records for Dover. Copy made 
by Hilliard Veren,* cleric. 

* Autograph. 



1671] RECOBDS AND FILES 327 

proved Mar. 28, 1671: to wife Ellen, house, orchard and bam, 
with land at Hounsley hill, Oyster point, at the farm, land bought 
of brother William Boynton, two gates on the common. Hog 
Island, etc.; to son Caleb, all land bought of his brother William 
Boynton, and he to pay to his daughter Hannah 201i. at age or 
marriage; to son Samuel, land at Batcheler's field, new plain, 
and he to pay 201i. to his daughter Sara at age or marriage; to 
son John, all his mother's estate upon her death, and on account 
of helping testator since he became of age, two heifers, one gate 
on the conmions and the mare, and he to pay to his daughter 
Mercy, who is married, 201i. Said John was to run the farm 
and give his mother a good subsistence; son John, executor. 
Wit: Maximilian Jewet, Samuell Brocklebanke and Wm. 
Boynton. [Original on file in the R^istry of Probate.] 

Inventory of the estate of John Boynton, appraised Feb. 27, 
1670, by Maximilian Jewet, Samuell Brocklebanke, Wm. Boynton 
and George Eilbome, and allowed Mar. 28, 1671, in Ipswich 
court: Wearing apparel, books, lands, domestic animals, house- 
hold utensils, looms, a hive of bees, etc., total, 2331i. 13s. [Origi- 
nal on file in the R^istry of Probate.] 

Will of Edmond Farington, dated Aug. 12, 1667, and proved 
Mar. 28, 1671, in Ipswich coiu*t: To wife Elizabeth, half his 
land and com mill during life, and to son Mathew after her 
death; to son Edward, 20s.; to son Roberd Terry, 20s.; to 
daughter Fuller, lOli.; son Mathew, executor. Wit: Nathaniell 
Kirtland and John Witt. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Edmond Farington, presented, 
25 : 1 : 1671, by Elizabeth, the widow, and Mathew Farington, 
his son, was appraised by Joseph Armitage and Thomas Newhall, 
and proved. Mar. 21, 1671, at Ipswich court: Wearing apparel, 
bedding, etc., 24U. 16s. 6d. [Original on file in the Registry of 
Probate.] 

Will of Thomas Bishop, sr., of Ipswich, dated Feb. 6, 1670, 
and proved. Mar. 28, 1671, in Ipswich court: To wife Margaret, 
half of his house, household goods, etc.; to his three eldest sons, 
Samuell, John and Thomas, certain beds, bedding, etc.; to his 
two youngest sons. Job and Nathaniell, beds, etc., at age; to 
Sarah Bishop, his cousin, ''who now lives with me", 151i. and a 
cow and 151i. at marriage; to brother Paul Bishop of Kingston, 



328 IPSWICH QUABTEBLT COX7BT [Mar. 

a hogshead of tobacco to be sent over to him, of the first that 
comes from Virginia; his houses in town and the farm, vessels 
and goods at sea, to be divided into six parts, after his wife'^s 
decease, to son Samuel his dwelling house, with that wherein 
John Sparke dwells, etc.; to John and Thomas, the fann, after 
Mr. Deane is paid, they to pay to testator's two youngest sons 
Job and Nathaniell an equal share out of the estate; Thomas 
White's mortgage shall not be delivered to him until he pay the 
2001i. and also the lOOli. which testator paid for him to John 
West; that the trade be carried on by his sons without breaking 
the stock; his wife and eldest son executors. William Hubbard 
declared this to be the mind of Thomas Bishop, as did Mr. New- 
man and Mr. Wainwright, who were also present. 

Antipas Newman testified that on Feb. 6, 1670, he was in Mr. 
Thomas Bishop's parlor and heard Mr. Hubbard read the will 
to which Mr. Bishop subscribed. 

Francis Wainwright testified the same. The witnesses were 
sworn, Feb. 16, 1670, before the Worshipfull Mr. Samuell 
S3naionds and Major Genrll. Daniell Denison, in Ipswich court. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of Mr. Thomas Bishop, who deceased 
Feb. 7, 1670-1, appraised upon request of Margaret, the widow, 
by George Gidding and Simon Tompson: Dwelling house and the 
real estate, domestic animals, pork, beef, household furnishings; 
pistols, boots, troopers' scarf, cubboard, clock, etc., in the parlor; 
two buffed stooles and other furniture in the parlor chamber; 
guns, sword, belt, household utensils; goods in the buttery 
cellar and the wash house; one furnace; merchant's goods; at 
sea, ketch Margrett, ketch Good Hope, ketch Susannah, ketch 
Hopewell, and merchandize, etc.; total, 5,00011. Is. lOd.; debts 
due from the estate, £961 : 18s. [Original on file in the Registry 
of Probate.] 

Will of Aquilla Chase of Newbury, dated Dec. 10, 1670, and 
proved Mar. 28, 1671, in Ipswich court: To wife Ann, house, 
bam and land, she paying to daughters Ann Chase, Priscilla 
Chase, 51i. upon marriage; to son Thomas, at age, lOU. in com 
or cattle provided he remain with his mother until that time, or 
he might leam a trade; at his wife's death or marriage, his son 
Aquilla should have the house and land, he paying annuities 
to his mother and to testator's sons John, Daniell, Moses, 



1671] RECOBDS AND FILES 329 

daughters Sarah, Mary, Elizabeth, Ruth. Son-in law Charles 
mentioned. Wife Ann, executrix; Ensign Steven Greenleafe and 
Wm. Chandler, overseers. Wit: Wm. Chandler, Steven Green- 
lefe and James Ordway. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Aquilla Chase of Nubury, who 
deceased Dec. 21, 1670, appraised, Jan. 21, 1670, by Edward 
Woodman, jr., and John Bayley: House and land, domestic 
animals, household furnishings, home made cloth, grain, musket, 
sword, rest and pike, carpenter's tools, household utensils, tools, 
etc., total, 3361i. 14s. 3d. [Original on file in the Registry of 
Probate.] 

Will of Henry Herick of Beverley, dated Nov. 24, 1670, and 
proved. Mar. 28, 1671, in Ipswich court: To wife Edith the 
western half of his dwelling, etc. ; to son Thomas all his wearing 
apparel and 201i. where his house stands; if his son John live 
and die single, the land given him to go to testator's sons Ephraim, 
Joseph and Benjamin; to son Zachery, 100 a. in Birch plain bought 
of Francis and Henry Skerry of Salem, 16 acres where said 
Zachery's house stands; to sons Ephraim, Joseph and John, the 
farm bought of Mr. Allford; to son the two lots bought of Henry 
Rennoldjs of Salem and Richard Kemball of Wenham; also two 
acres in Bounkard's meadow; to sons Ephraim, and Joseph, 
domestic animals, etc; to son Benjamin, the pasture next An- 
drew EUott, on southeast side of the highway, to be in the hands 
of Thomas until Benjamin is 21 years of age; to daughter Eliza- 
beth, 401i.; to son Henry, after the wife's death, all the estate 
bequeathed to her, said Henry being executor; Mr. John Hale 
and Capt. Thomas Lathrop, overseers. Wit: Robt. Morgan and 
Nehemiah Grover. [Original on file in the Registry of Probate.] 

Inventory of the estate of Henry Herick of Beverly, appraised 
Mar. 15, 1670-71, by John Ra3nQ[ient, sr., and Isack Hall, sr., 
and allowed, Mar. 28, 1671, in Ipswich court: Dwelling houses 
and land, domestic animals, wearing apparel, 4 Bibles, musket 
sword, rapier, great table, household utensils, tools; total, 9741i. 
17s. [Original on file in the Registry of Probate.] 

Mr. Wm. Symonds took the oath of freeman. 

Tho. Clarke v. Samuell Bennett. Debt. Defaulted. 
Wm. Fuller v. Elizabeth Fullar. For withholding seventeen 
years' rent. Defendant acknowledged judgment. 



330 IPSWICH QUABTEBLT COX7BT [Mar. 

John Prockter v. S3nQ[ion Tompson, in behalf of the town of 
Ipswich. For not giving him a division lot for the house his son 
lived in. Verdict for defendant.* 

Anthony Potter v. Mathew Perry. Trespass upon a replevin- 
Verdict for plaintiff.t 

*Copy of record of Ipswich town meeting, Mar. 15, 1659: 
''for asmuch as it is found by dayly experience that the common 
Lands of this Town are over burdened by the multiplying of 
dwelUng houses contrary to the intent and meaneing of the first 
Inhabitants in there granting of houselotts and other lands to 
such as came amongst them, To the end such Inconvenyences 
may be prevented for the future It is ordered that noe house 
henceforth erected shall have any right to the common Lands 
of this Towne, nor any pson inhabitting such house make use of 
any pasture timbar or wood growing vpon any the sayd common 
Lands vpon pretext of any right or titie belonging to such heer- 
after bmlt, without express leave, and alowance of the Towne 
first had & obtained. Itt is further ordered that the seaven men 
in the behalfe of the Towne petition the next Genrll. court for 
the confirmation of this order." Copy made, Mar. 18, 1669, 
before Robert Lord,t recorder. 

Copy of a town meeting, Feb. 14, 1664: "Voted that Plumbe 
Iland hogg Hand & castle neck be devyded to such as have the 
right to comonage acording to law acording to the proportion of 
foure six & eight. All that doe not exceed six shillings 8"^ ther 
pson & estate in a single country rate to be of the first of foure ail 
them that exceed not sixteene Shillings to be of the second sort of 
six all those that exceed sixteene shillings in the single country 
rate together with our majestrates Elders m' John Rogers & m' 
Thomas Andrews to be of the highest devission of 8." 

Letter of attorney, dated Mar. 27, 1671, given by the selectmen 
of Ipswich to Mr. John Paine. Wit: Robert Lord.^ 

Jno. Procter and Joseph Procter deposed that the house in 
controversy was built before the town order made in 1659, a 
year or more. Sworn in court. 

Writ, dated Mar. 23, 1670, signed by Robert Lord,t for the 
court, and served by Theophilus Wilson,! constable of Ipswich. 

tWrit of replevin, to recover a three-year old heifer, black 
with some white on her back, belonging to Anthony Potter, 
lately seized by Mathew Perry; dated Dec. M, 1670; signed by 
Daniel Denison^ for the coiu*t; and served by Robert Lord,t 
marshal of Ipswich. 

John Procter, aged about seventy years, deposed that the 
heifer was not three years old. Sworn, Mar. 23, 1670, before 
Daniel Denison.^ 

X Autograph. 



1671] BECORDS AND FILES 331 

Mr. John Paine v. Onicipnis Harvy. Debt. Defaulted. 
Ossman Traske v. John Dodge. Trespass in com. Verdict 
for defendant.* 



Funall Ros, aged about fifty years, deposed. Sworn in court. 

Anthony Potter's bill of cost, 21i. 4s. 8d. 

James Ford, aged about twenty-nine years, deposed that 
Mathi Pery brought a calf to his master White's farm to siun- 
mer about two years ago, and he left it in the common, etc. 
Sworn in court. 

John Potter and Edmund Potter deposed that their father 
brought up this heifer from a calf, etc. Anthony Potter affirmed 
that Pery's heifer was four years old. Sworn in court. 

Nathaniell Browne, aged about twenty-six years, deposed that 
being at Goodman Perryes house about hilling time was twelve- 
month, etc. Sworn in court. 

James Poller, aged about twenty-three years, deposed that 
going to his grandmother's when Mathew Pery lived there in 
1668, etc., and concerning the earmarks. Sworn in court. 

John Giddins and Samuel Giddins deposed that Perry came 
to John Giddins' house and proferred the heifer in exchange for 
a yearling, and further deposed concerning the marks. Also that 
John Giddins about a fortnight after saw her on the southeast side 
of Wilderness hill. Mathew Perry said he had "found his by 
cowkeeper rocke," etc. Sworn in court. 

Elezebeth Fuller deposed that Perry hired a cow of her grand- 
mother, etc. Sworn in court. 

John Whipple deposed. Sworn in court. 

Samuell Giddinge and Thomas Jacob deposed that being at 
Merchant Bishup's one Thursday after lecture, etc. Sworn in 
court. 

John Dane, aged about twenty-seven years, deposed that the 
last year that Mathi Pery lived with the Widow Emburson, etc. 
Sworn in court. 

♦Writ, dated 22 : 1 : 1671, signed by Tho. Fiske,t for the court, 
and served by John Lovett,t constable of Beverley, deputy for 
Robert Lord,t marshal of Ipswich, by attachment of marsh 
near the mill, in the presence of John IGiight. 

Benjamin Balch and Zacharie Herrick, both of Beverley, 
being desired by Ozmund Trask some time the past summer to 
view damage done in his Indian com, appraised it at twenty 
bushels. Mao that Trask had John Dodge's cattle in pound at 
the same time. Sworn, 28 : 1 : 1671. 

Bill of cost of John Dodge, jr., 168. 

Robert Morgan and WiUm. Raiment, arbitrators, found the 
impounding legal and that a sufficient fence should be main- 

tAutograph. 



332 IPSWICH QUABTEBLT COURT [Mar. 

Moses Pengry v. Rich. Mercer. Debt. Verdict for plaintiff.* 

tained by both, the fence to be completed before the last day of 
August, 1670. 

Robert Morgan, aged seventy years, certified that he appeared 
at the time appointed with Osmimd Traske to rectify tiiese 
matters between him and Jno. Dodge, waiting almost four hours, 
but there was no appearance of any other. Sworn, 28 : 1 : 1671, 
before Wm. Hathome,t assistant. 

Osmund Traskef and John Dodg,t 8:6: 1670, bound them- 
selves to stand by the arbitration, crtc. Wit: Robert Morganf 
and Samuell Corning.f 

William Rayment deposed that after the arbitration, Trade 
owned a part of the fence and promised to set it up very speed- 
ily, for he had fenced in the woods already. Sworn in court. 

Wm. Dodge, jr., deposed that Osman Trask and Henry Hir- 
rick, sr., agreed to set up the fence with Robert Hibbard and 
Wm. Dodge, jr., etc. Sworn in court. 

Robbord Hebbord, sr., aged about fifty-five years, deposed 
concerning the fencing. Sworn, 28 : 1 : 1671, before Wm. 
Hathome,t assistant. 

Wm. Dodge, aged about thirty years, deposed that concerning 
the land of Osman Traske adjoining John Doges next the mill, 
it had been fenced for several years. Sworn in court. 

Edmon Grover, aged about seventy years, deposed that Osman 
Traske said he would not fence between himself and John Dodge, 
unless the latter would set up a five rail fence, etc. Sworn before 
Wm. Hathome.t 

Robert Hibbert, aged about fifty-five years, deposed that 
several times the past summer he saw John Dodge's cattie in his 
own ground lying in the com field, his ground being not fenced 
unto himself and likewise in Osmimd Traske's marah ne3ct ad- 
joining his com, both lying in the common field. Deponent 
being constable replevined them a first and second time. Sworn, 
28 : 1 : 1671, before Wm. Hathome,t assistant. 

Edward Trask, aged about nineteen years, deposed. Sworn, 
28 : 1 : 1671, before Wm. Hathome,t assistant. 

John Knight, aged about forty-eight years, deposed. Sworn, 
28 : 1 : 1671, b^ore Wm. Hathome,t assistant. 

John Grover, aged forty-three years, deposed. Swom, 28 : 
1 : 1671, before Wm. Hathome,t assistant. 

Wm. Ra3ncQent, aged about thirty-two years, and Wm. Dodg, 
aged about thirty years, deposed. Swom in court. 

♦Writ: Moses Pengry of Ipswich v. Richard Mercer of Haver- 
hill; debt, to be paid in money and English goods or wheat and 
Indian; dated Mar. 13, 1670-71; signed by Nath. Saltonstall,t 

tAntOfraph. 



1671] RECOBDS AND FILES 333 

Edmond Bridges v. John Newmarsh. Debt. Verdict for 
plaintiff; said Bridges was to answer Milton's judgment.* 
John Browne v. John Andrews. Debt. For barley to be 

for the court; and served by Roger Lanckton,t and Robertt 
Eyres,t deputy constables of Haverhill, by attachment of mead- 
ow at Beare meadow and the ox conmion lot. 

Moses Pengry's bill of cost, lli. 5s. 2d. 

Bond of Richard Mercer,t dated Apr. 7, 1669. Wit: Hamill 
Bosworthf and John Pengry.f 

♦Writ, dated Mar. 20, 1670-71, signed by Hilliard Veren,t 
for the court, and served by Henery Skerry,t marshal of Salem, 
by attachment of land near the house of defendant. 

Edward Bridges' bill of cost, 21i. Is. 8d. 

John Newmarsh, Dr., 26 : 9 : 1660, to 22 Bo. 1-2 wheat, 51i. 
12s. 6d.; 10 Bo. Ind. Come, lli. 10s.; Apr., 1662, to an Ax & 
cheine, 14s.; to soe much of Jno. Goold, 81i. 4s.; to a Bagg, 6s.; 
total, 161i. 6s. 6d. Creditor, 9 bu. 1660, By 3 C. of Barr Iron, 
31i. 128.; 14 Bo. Coale, lli. 12b. 6d. 

John Newmarsh certified, 25 : 9 : 1670, that he received of 
John Goold for the use of Edmond Bridges, jr., 81i. 4s. He fur- 
ther deposed that Edmond Bridges, jr., told him that he had sold 
all the land and housing of said Bridges in Topsfield, to Groold, 
etc. Sworn, 25 : 9 : 1670, before Daniell Denison. Copy made 
by Hilliard Veren,t cleric. 

Daniel Clark deposed that Bridges carried wheat and Indian 
com down to John Newmarch about the time that the latter 
brought iron from said Newmarch. Sworn in court. 

Jacob Town deposed. Sworn in court. 

Robert Lord, jr., deposed that Christipher Milton gave him an 
execution to levy upon Edmond Brigis and as he was proceeding 
to do so, on the way to Topsfield, he met "old father Gould" 
who told him to go back, for his son John had engaged to pay it. 
They came to BjJcer's house and met with John Newmarch who 
said "how do I know wether my Brother John will pay itt," etc. 
Sworn in court. 

Robert Peares, aged about sixty years, deposed that he was at 
Boston, 16 : 9 : 1660, when John Newmarch bought 500 weight 
of iron and half a cauldron of coals, which deponent brought 
home in his bark, etc. Sworn in court. 

John Gould deposed that Edward Bridges ordered him to pay 
to deponent's brother Numarch the jud^ent that Cristofer 
Miltone had against him and he would consider it as part of pay 
for the house and land tiiat deponent bought of him, etc. Sworn 
in court. 

t Aatograph. 



334 IPSWICH QUABTBBLT COURT [Mar. 

delivered at Capt. Appleton's. Verdict for plaintiff, damages to 
be paid in malt.* 

Robert Croee and John Andrews v. Susanna Jordon. Verdict 
for plaintiff, the remainder of the 151i. legacies that remain in 
their hands.f 

*Writ, dated Mar. 18, 1670-71, signed by Robert Lord,| for 
the court, and served by Robert Lord,t marshal of Ipswidi, by 
attachment of malt in the hands of Capt. Appleton and Goodman 
Low. 

John Browne and Marthew Browne testified that John An- 
drews "being at our father's house and sayd to our father what 
I think is we must go to Law; our father answared him, you 
know when I asked you for the debt the other day you toold me 
I diould not haue a keamell under 4* 6^ p' bushell." He an- 
swered that he did. Sworn in coiu*t. 

Bill of cost of John Browne, sr., lli. 6s. 3d. 

John Choat, aged forty-six years, deposed that being at mill 
when John Brown told him he had sold John Andrews a mare for 
which he was to receive five pounds in malt, at Mr. Appleton's 
kill, when Goodman Piper went to the Bay in the spring, etc. 
Sworn in court. 

John Payne testified. Sworn in court. 

Samuell Rogers and James Ford deposed that John Andrews, 
being at the house of Samuell Rogers, etc. Sworn in court. 

John Browne, sr., deposed that in Aug., 1670, he sold a mare 
and colt, which he delivered to John Andrewes, sr., of Ipswich 
and to be paid for in barley at Capt. Appleton's malt kill in 
Ipswich, etc. Mary, wife of said Browne, and Marthah Browne, 
daughter, affirmed the same. Sworn in court. 

tWrit: Robert Crose, sr., and John Andrews, sr. v. Susana 
Jordan, widow of Stephen Jordan; for withholding one-half of 
the goods the late Stephen Jordan bequeathed to them in his 
will, also some other legacies from said Jordan, under color of an 
order of Ipswich court and surreptitiously obtained for want of 
true information in plaintiffs' absence; dated Nov. 29, 1670; 
signed by Daniel Denison,} for the court; and served by Robert 
Lord,t marshal, by attachment of the household goods of de- 
fendant. 

Rob. Grose's and John Andruse's bill of cost, 38s. 4d. Grand- 
father Jorden: account of what was delivered to Newberie 
whilest he was weak, too Booshelles of Indon Come, 6s. ; a Lardg 
Red wastcoat, lis.; five peckes of wheat, 6s. 3d.; three powndes 
of suger, 2s.; for more. Is.; Corrantes, Is. 6d.; too quartters <tf 
veale, 5s.; too yeardes & halfe Cloath, lis. 3d.; charges at Good- 
man Shortes. 14s. ; total, 21i. 18s. 

X Autograph. 



1671] BBCORDS AND FILES 335 

Tho. Wood V. Walter Roper. Appeal from a judgment before 
Major Genrll. Denison against Walter Roper and Edm. Ch£q>- 

''The Jury aprehending the Hounored Court haue declared 
the will of Steuen Jordan to be good, and yet haue past an act 
for the widow to hold all y^ Estate her life desire to know there 
determination." 

Robt. Crose, John Andrewes and Marshal Lord deposed that 
after they had arrested her at Neubarie, they demanded what 
became of the cattle, twenty pounds' worth, which they sent, 
and she answered that they were disposed of but would not give 
any account. Her son, who was near by, also said that they 
were not bound to give any account. Sworn in court. 

Letter of attorney, dated 15 : 1 : 1671, from Susan (her mark) 
Jordent to Capt. William Gerrish and Tristram CoflSn of Nubry 
to appear for her in the action brought by said Grose and Andrews 
or their wives, etc. Wit: Abraham Toppan* and Abiell Somer- 
by.* 

Anna Crosse, aged twenty-one years, deposed that the mes- 
sengers that came to their house from Neubarie for cattle were 
asked by her father if the selectmen sent them and they said they 
did. Sworn in court. 

Copy of the will and inventory of Steephen Jordon made 
Nov. 12, 1670, by Robert Lord,* recorder. 

Tristram CoflBn, aged thirty-nine years, and Anthony Somer- 
by,* aged sixty-one years, deposed that "whereas Stephen Jordan 
of Newbury being in a very weak condition a long time and not 
able to supply himself nor wife with things necessary for his so 
low condition and being in debt & could not pay it complaint 
being made to the selectmen of Newbury to consider their con- 
dition for a supply, upon the said complaint the selectmen im- 
ployed Tristram Coffin abouesaid to go to Ipswich to speak with 
the said Steuen Jordans two sons in law Rob* Crosse & John 
Andrews to inform them in what condition their father was in 
the which was done. And within a while after Robt Cross & 
John Andrews came to Newbury to their fathers house, and we 
the deponents with others being present, aduiseing with them 
about a way for a supply for there father, then & there both 
Rob* Crosse & John Andrewes did owne & acknouledg that they 
had an estate of their fathers in their possession, which their 
falser had giuen them with this prouiso, if he had need of it or 
did call for it, then they the said Rob* Cross & John Andrews was 
to retume it againe to him, they said they could not tell how 
much was remaineing in their hands til they came home but 
what there was remaineing they would retume." Sworn in 
court. 

* Autograph. f Seal. 



336 IPSWICH QUARTERLY COURT [Mar. 

man. Verdict for defendant, confirmation of the former judg- 
ment.* 

♦Thomas Woods t reasons of appeal, dated Mar. 22, 1670-71, 
in a case tried before the Worshipful Major Denison, between 
himself and Wallter Roper and Ekiward Chapman, who sued in 
behalf of Ipswitch town: That they charged him with felling 
trees without order, but when it came to trial he was charged 
with cutting firewood. Thomas Lovewell mentioned. He said 
that he had incurred the displeasure of the craftsmen who stirred 
up others against him because he did work cheaper than they, etc. 

Answer of Walter Roper and Edward Chapman to the appeal: 
If the appellant had been as good a grammarian as his attorney 
would be thought to be a lawyer, he would have forebom his 
simple cavil, etc. ; that he was sued for tran^ressing a just and 
necessary order in cutting firewood contrary to law, "what 
Greater things moued you to Appealle. . . Though you Exs- 
press not, wee may guess That either your Attumey wanted 
Imployment or had a mind to shew his great cunning in man- 
aging a bad cause." 

At a town meeting, Feb. 16, 1668, "Whereas order hath beene 
taken that the number of Inhabitants of this towne might not be 
increased to the prejudice & damage of the Commoners. Not- 
withstanding which diuers dwelling houses haue beene built A 
more intended. It is hereby ordered that no person not ad- 
mitted & entred as a commoner in this towne shall directly or 
indirectly make use of any timber, firewood, grass or hearbig 
growing on any of the Towne Commons, but so doing shall be 
accounted a trespasser, and for euery tree of one sort or another 
& also for euery load of wood or brush which he shal take from 
off the comons, he shal forfeit 20" and if any Comoner or other 
person shall carry or conuey to any such person any timber or 
firewood from off the towne Comons he shall forfeit in like man- 
ner for euery tree 20" and for eueiy loade of wood 20*. And if 
any such person not hauing right to Comonage shal putt out of 
his owne grounds or suffer his cattle, horses sheepe or swine to 
goe & pasture upon any of the towne Comons, he shal forfeit 
for euery day his cattle . . . shall goe on the towne comons 
. . . 2". 6** & it shall be lawful for any person to impound such 
cattle and shall haue for his paines beside the forfeit aboues^ 
one shilling for each," etc. Copied from the town book by 
Robert Lord, cleric, and copy made by Daniel Denison.f 

At a town meeting held Mar. 15, 1669, it was voted that none 
but commoners should fell timber, and that they who fell tim- 
ber "beyond Red roote hill or in the thicke woods shall cutt 
out the remainder fitt for the fire, and make no use of any wood 

fAutograph. 



f 



1671] RECOBDS AND YTLE& 337 

The Town of Andover v. the Town of Woobome. Trespass. 
About a title of land. There being no attachment returned, the 

off the comons for the fire till that be brought home to his or 
some other comoners house under the penaltie of ten shillings 
a Load." Also if timber be felled ''on this side the places aboues^ 
or on this side Gravelly Brook/' the remainder should be left for 
firewood; for any commoner within one month to take, upon 
penalty of 10s. per load. Copy made by Daniel Denison.* 

Robert Lord, jr., Walter Roper and Edward Chapman deposed 
that on Dec. 25, being in the woods with Thomas Wood, the 
latter owned that he cut a particular tree, which John Roper 
and John Dutch saw, and said he would cut more, for Thomas 
Lovel would bear him out, etc. Sworn, Dec. 30, 1670, before 
Daniel Denison.* 

Thomas Lovel affirmed that Thomas Wood's sons cut and 
brought the wood, which they brought to deponent's house, by 
his order. Copy made by Daniel Denison.* 

Warrant, dated Dec. 23, 1670, signed by Daniel Denison.* 

Walter Roper and Edward Chapman were appointed over- 
seers by the town. Judgment for the town, given by Daniel 
Denison.* 

John Pickard, attorney to Thomas Wood, appealed to the 
county court. John Pickard and John Stickney, sureties. 

Letter of attorney, dated Dec. 26, 1670, given by Thomas 
Wood of Rowley, to John Pickard of Rowley. Wit: John Stick- 
ney and Andrew Stickney. Copy made by Daniel Denison.* 

At a meeting of the selectmen. Mar. 21, 1669, the following 
were chosen to take care of the commons: Mr. Willm. Cogswel, 
Robert Kinsman and Willm. Fellowes, for the south side of the 
river, and Daniel Warner, sr., Robert Lord, jr., Edward Chap- 
man and Walter Roper, for the north side. Copy made by 
Daniel Denison.* 

Bill of cost of Roper and Chapman, 8d. 

John Roper, aged twenty years, deposed that he saw Thomas 
Wood cut off the top of the tree, and he told him that he who 
felled a tree must not cut out the top imtil it had lain a month. 
Wood told him that all the skill that John Paine, deponent's 
father and himself had could not make him pay for it. Sworn, 
Dec. 30, 1670, before Daniel Denison.* 

John Dutch deposed. Sworn, Dec. 28, 1670, before Daniel 
Dennison.* 

Henry Osbom deposed that he saw Thomas Wood cleaving 
out bolts, etc. Copy made by Daniel Denison.* 

John Stickney and Andrew Stickney deposed. Sworn, Dec. 
30, 1670, before Daniel Denison.* 

^Autograph. 



338 IPSWICH QUABTEBLT COURT [MaT. 

case could not proceed, though the plaintiff attended, who was 
allowed costs.* 

John Knight v. Amos Stickney. Slander. Nonsuited. 
, John Knight v. Anthony Morse. Slander. Nonsuited. 

Andrew Allen v. Samuel Blancher. Trespass. About title 
of land. Verdict for plaintiff.f 

Mr. Jonathan Wade v. Wm. Moore. Debt. Withdrawn. 

Mr. Jonathan Wade v. John Dymond. Debt. Defaulted. 

Mr. Symon Bradstreete v. Rich. Cooke and Elder John WissaU. 
Debt. Defaulted. 

*Bill of cost of Andover for two men sent by the town to 
Obume to inquire of the selectmen of that town whether they 
had laid out land in Andover bounds and how far they came, etc., 
31i. Is. 4d. 

fWrit: Andrew Allyn v. Samuel Blanchard; trespass; for 
mowing or canying away hay for several years from land of 
plaintiff, granted by the town of Andover for his last division, 
on the west side of Shawshin river near land of Samuel Blanchard 
and Steven Osgood, dated 4:1: 1670; signed by Simon Brad- 
streete, t assistant; and served by William Chandler, j: constable 
of Andover. 

Letter of attorney, dated 24 : 1 : 1670, given by Andrew Allint 
of Andover to Ensigne Tho. Chandler. Wit: Henry (his mark?) 
Russe and Dudley Bradstreet.j: 

Andrew Allin's bill of cost, lli. 17s. 2d. 

Mark Graves, aged about forty-eight years, deposed that he 
sold to Samuell Blanchett a parcel of Crane meadow, which he 
had owned six or seven years, etc. Sworn, 27 : 1 : 1671, before 
Simon Bradstreete.J 

Steven Johnson, aged about twenty-nine years, deposed that 
he was present with the lot layers when they laid out Andrew 
Allin's great division, and some of them said that that parcel of 
land with good husbandry would be made mowable. Tlie fol- 
lowing summer deponent went over it and then there grew on it 
nothing but weeds and such rubbish as usually grows in swamps. 
Sworn, 27 : 1 : 1671, before Simon Bradstreete, t assistant. 

Jno. Lovejoy, aged about forty-nine years, deposed. Sworn, 
25 : 1 : 1671, before Simon Bradstreete,): assistant. 

At a town meeting, Jan. 18, 1658, there was granted to Mark 
Graves the waste meadow between Andrew Allen's and Samuell 
Blanchet's. Copy made by Ed. Fawkner.f 

Nathan Parker, aged about forty-eight years, and Thomas 
Johnson, aged about thirty-eight years, deposed. Sworn, 21 : 
1 : 1670, before Simon Bradstreete.J 

t Autograph. 



1671) BKGOBDS AND FILES 339 

Symon Tompeon v. Daniell Warner and Nath. Wells. Debt. 
For money paid for them in Eingland. Withdrawn. 

James Fuller, attorney to Elizabeth ESmerson v. Mr. John 
ElmerBon. For not paying the rent of a farm. Nonsuited. 

John Codner v. Peeter Jenkens. Debt. Attachment not 
returned.* 

Joseph Armitage, assignee of Samuell Bennett v. Mr. John 
Beax & Co. Verdict for defendant.f 

Mr. Anthony Crosbie v. John Tod. For detaining 581i. Ver- 
dict for defendant, t 

*Peter Jenkens' bill of cost, ISs. 

John Codner's bill of cost, lli. Is. 6d. 

tWrit, dated 10 : 12 : 1670, signed by Hilliard Veren,§ for the 
court, and served by Moses Chadwell,§ by attachment of the 
house and land of Mr. John Jeffard, agent, and land of John 
Becks & Co., shown by Joseph Armitage. 

The Iron works at Hammersmith and Brantrye appertaining 
to Mr. John Beex & Co., 1653, Debtor to sundry accoimts: to 
Richard Post and Charles Hooke digging 248 loads of bog mine at 
20d. per load, 201i. 13s. 4d. ; to Samuell Bennett carting 179 at 
6e., 53h. 14s.; to carting 64 loads from Henry Stich at 4s. 6d., 
282 from Henry Tuckler at 4s., 232 from Richard Greene at 4s., 
16 from John Frances at 4s. and 86 from Tho. Looke at 4s., 1371i. 
12s. Copy made Sept 14, 1670, by Robert Lord,§ cleric. 

Jno. Giffard, agent for the Iron works, testified that the ac- 
counts were just, and 20011. charged to Mr. Browne of Salem is 
what he demanded, having reckoned it at a Salem court. Sworn 
in court. 

Samuell Benett^ assigned what was due him from the com- 
pany to Joseph Armitag. Wit: John Benmtt§ and Elisha Ben- 
nitt.§ Owned in court, 1 : 10 : 1670, before Hilliard Veren,§ cleric. 

William Hathome deposed, 2:2: 1655, that Mr. Gififard told 
him that there was due to Samuell Bennett on an old ac- 
count lOOli., and for carriage with his teams since, 20011. Being 
at Salem with Mr. Giffard and Samuell Bennett some time after, 
deponent charged him with not giving copies of his accounts, 
and Giffard and Mr. Gerviss promised that he should have copies 
in a very short time. This was since the works were seized. 
Sworn, 29 : 9 : 1655, before Elias Stileman,§ cleric. Copy made 
by Elias Stileman,§ cleric. 

tWrit: Mr. Anthony Crosbe v. John Tod of Rowley; for 
detaining 581i. which defendant received for exchange of land, 
as appears by articles dated 10 : 12 : 1662; dated Mar. 20, 1670- 

lAutognph. f Autograph and seal. 



340 IPSWICH QUABTEBLT COURT [Mar. 

Mr. John Gififord v. Edward Richards. Withdrawn. 

Nathaniell Browne acknowledged judgment to Mr. Robert 
Paine, to be paid in soap at 4d. per pound. 

Thomas Judkins had his license renewed for a year and also 
license for wine and liquors. 

71; signed by Tho. Leaver,* for the court; and served by Jer- 
enuah Elsworth,* constable of Rowley. 

Copy of writ, depositions, etc., in an action brought by John 
Tod against Mr. Anthony Crosbie, Mar. 27, 1666, in Ipswich 
court, made by Robert Lord,* cleric. 

Ezekiel Northend and Anthony Austen deposed that at a 
meeting they had at Richard Longhome's, John Tod made three 
propositions for arbitration, viz., to bring him a deed of the 
Merimack land from Kimball's hand, to take Mr. Crosbie's bill 
and release the bargain, or to leavQ. it all to EzekieU Northend. 
Mr. Crosbie chose the second, but he said there was a cow and 
heifer Tod had of Daniell Wickam, for which he must give credit, 
also a bill of 341i. of John Brocklebank and a horse and colt at 
241i., which was in exchange of land, etc. Sam. Brocklebank 
mentioned. They made a writing which was left with the Wor- 
shipful Mr. Symonds. Copy made from Ipswich court files, 
Mar. 27, 1666, by Robert Lord,* cleric. 

John Tod's bill of cost, lli. 4s. 4d. 

Henry Riley and Jonathan Plats deposed that being desired 
by Mr. Crosbee after the court of Mar. 27, 1666, to take notice 
of a tender he made at John Tod's house of cattle, horse-kind 
and a long gun, in satisfaction of the judgment against him, said 
Tod not being at home, the latter's w^e was asked to appoint an 
appraiser. She refused to have anything to do with it, and 
Crosbie appointed William Law and Henry Riley appraisers, 
who made it 151i. Ss. 3d. They asked to have the gun left in 
the house, but being refused, Mr. Crosbie tied the gun upon the 
great oven, and put the cattle and horses into Tod's yard, etc. 
Sworn in court. 

Anthony Austine, aged about thirty-five years, deposed that 
he kept Goodman Tod's book at the time and that Crosbie de- 
manded credit for the boot money received from exchange of 
land, etc. Sworn in court. 

Henry Riley and Anthony Austine deposed. Sworn in court. 

EzekieU Northen and PhiUp Nellson deposed that being at 
Newbury at the house of Steven Swett four years ago, when 
Marchant Dole with others blamed Mr. Crosbee for going to 
law, etc. Sworn in court. 

EzekieU Northen deposed as to John Tod's asking him to aid 
him, etc. Sworn in court. 

* Autograph. 



1671] RECOKDS AND FILES 341 

Hugh Marsh had his license renewed, also his license to draw 
liquors. 

Edward Hassen had his license renewed, also his Ucense to draw 
liquors. 

Ensigne Gould had his license renewed for a year. 

John Sorlaw had his license renewed for a year, also his Ucense 
for liquors, but not to suffer townsmen to drink liquors in his 
house. 

Mr. Joseph Gardner was licensed to keep ordinary and draw 
wine for a year. 

Ordered that there being laid upon Hammersmith in 1662, 
37s. lOd., not yet gathered, the constable of Ljnin was to levy it 
upon all the inhabitants and make payment thereof to the select- 
men, Hammersmith being a part of the said town, and the treas- 
urer to discoimt it with them. 

Symon Stace and Jonathan Lomas, upon complaint against 
them about the Ubel, were fined, and also Nathaniell Warner, 

for his offence in further publishing it.* 

- — ■ * 

♦Letter of attorney, dated Mar. 7, 1670-71, given by Nathan- 
iell Piperf of Ipswich to John Brewer of Ipswich, to prosecute a 
complaint against Nathaniell Warner and Symon Stace for a 
Ubel that was published by them or others. Wit: Robert Lordf 
and Mary Lord.f 

BiU of cost of Freegrace Norton and John Brewer, 2U. Is. Id. 

John Annaball, aged twenty-one, deposed that being at Good- 
man Bridges' house, he heard Andrew Peters reading verses 
made about the new gallery, in 1671. 

John Newmarch deposed that at Goodman Bridges' house he 
met with John Anable, who said if deponent had not come in 
they would have heard the whole story about "The Galery," 
for NathU. Warner had the verses and he had just gone out. 
Then as deponent went home he asked Nathaniel Warner to let 
him see the paper and he puUed it out and read it to him, saying 
that there was more in this than there was in the first for it was 
written on the outside like a letter. At the bottom were the 
initials J. L. and N. W., and as he read the paper he said, "this 
hints to goode norton & this hints to goode sparks & this hints 
to goode Brewer & such a thing y* hints to goode rust & there 
was goode woodward & her daughter Ann names in it." Sworn, 
Mar. 31, 1671, before Daniel Denison.t 

Copy of the verses, entitled "O yea braue Undertakers & gal- 
lery niakers," which caused the Ubel suit. 

t Autograph. 



342 IPSWICH QUABTEBLT COURT [Mar. 

Robert Morgan of Beverly was allowed clerk of the writs and 
records. 

Mary Ehiell was ordered to be whipped for fornication. 

Greorge Major, for misdemeanors with Mary Duell, was ord^ed 
to be whipped or pay a fine and to be imprisoned until he gave 
security to pay 2s. per week toward the keeping of the child. 
Richard Dole, said Major's master, surety. 

John Sparke deposed that John Deane overtaking him, said 
that he heard that deponent and others were suspicious that he 
had made a Ubel concerning their wives, but it was not so. He 
further said that he had seen this last libel and it was the same 
in substance as the other only a Uttle more refined and a preface 
added to it. Sworn, Feb. 6, 1670, before Daniel Denison.* 

Henry Archer, aged about sixty-six years, deposed that being 
in Simon Stace's house, the latter came in and said he found a 
paper in his bam which he said he cotild not read. Johnathan 
Lumise coming in at the same time asked for it to see if he could 
read it, but he cotild not. Simon said he shotild not carry it 
away, but he did. 

John Leigh testified that he was at Goodman Bridges' house 
with said Bridges and wife, John Anable and Nathaneell Warner, 
when the latter read the libel which mentioned the new gallery. 
The names of several persons who sat there were in the paper, 
including Goody Kinderick and Goody Peeters, and at the ead 
of every verse he read "Set aside M" such a one," naming the 
women, "Goode Rust, mother Woodward 4 Ann pray find me 
such three aga}^ if ye can." Sworn in court. 

Thomas Maning, aged about twenty-six years, deposed that 
being at work at Nat. Rust's house, John Deane came to him, 
etc. Sworn, Feb. 8, 1670, before Daniel Denison.* 

Sary, wife of John Daye, aged about twenty-four years, de- 
posed. 

Andrew Fetters and Edmon Bridg deposed that they heard 
Nath. Womar say that the reason he did not let Free Norton 
have the verses was because he had lent them to one in the woods. 
And they also heard John Anabell say that he would clear said 
Womar for half a pint of liquor, etc. Sworn in court. 

Thomas Knowlton deposed that John Dane called to him as 
he came out of the house that they had not caught him yet and 
that they had not a fool to deal with. Also that deponent said 
he thought that Nath. Warner would be caught but Dane repUed, 
"I warrant ynw the writing will not Come to light, thou pyper 
and Woodward and Norton Thinks that I had a hand in it, but 
If I had a hand in it yet I waere not such a foole to Tell tiiem, 

* Autograph. 



1671] RECOBDB AND FILES 343 

Samuell Younglove, complained of for breach of the peace, 
was fined. 

Complaint against Joshua Ray by Samuell Graves, was dis- 
missed, said Graves being ordered to satisfy the constable of 
Salem and all to bear their own charges.* 

and sayd that they waere but a Company of fools for medling, 
and make themselues Redgcolus amongst men, for If that they 
koold get the Ryting, then they Think that the Ryting being found 
and Coms to Syhgt, that then they shall know the hand that 
writ it." Sworn, Feb. 8, 1670, before Daniel Denison.f 

•William White deposed that Edmond Ashby was boimd by 
indenture to Samuell Graves of Ipswich to learn the trade of a 
feltmaker, and at the end of four years, his master was to pay 
him fifteen pounds. Sworn, Jan. 20, 1669, before Samuell 
Simonds and copy made by Hilliard Veren,t cleric. 

William White of Ipswich, g^ed sixty years, deposed that it 
was his mistake when he wrote it 151i. 5s. in the indenture, when 
his neighbor Graves received but two cows, etc.; that there 
were two indentures about the same and after discovery they 
were committed to him to keep, etc. Samuell Graves, the master, 
aflBirmed the same. Sworn, June 24, 1670, before Daniell Deni- 
son, and copy made by Hilliard Veren,t cleric. 

Simimons, dated Mar. 20, 1670, to Joshuah Reay, who was 
complained of by Samuel Graves for giving false testimony in an 
action between Edmund Ashby and said Graves, signed by 
Daniel Denison,t for the court. 

John Putnam, aged about forty years, deposed that Samuell 
Graves told him that he received 15U. of said Ashby when he 
came to him and was to pay it to Ashby again when his time 
was out. Nathanell Putnam deposed the same, being present 
when the words were spoken. Sworn in court. 

Grace Graves deposed that the indentures between her hus- 
band and Edmund Ashby kept by Wm. White, were received 
by her husband on the day of agreement. When Ashby went 
away, her husband kept them in his pocket close from any of 
the company and when the writing of the agreement to part was 
almost finished, he turned his back to them and took out both 
indentures. Having viewed which was signed by Edmund, he 
put one up in his pocket again and kept the other in his hand 
until the bond was signed by Jos. Rey. When it was signed her 
husband delivered Jos. Rey Edmund's indenture, and the other 
he kept close in the house from that time until Salem court in 
June, 1670, so that Joshua Rey never had opportunity to view it 
until it came to Salem court. 

John Pickard deposed that when Jos. Rey gave in the evidence, 

t Autograph. 



344 IPSWICH QUARTERLY COURT [MoT. 

Upon Mr. Jerimiah Hubbard's petition concerning his arrears 
due for maintenance when he preached at Bass river, now Beverly, 
court ordered that Major Hathome treat with the inhabitants 
that Mr. Hubbard might have satisfaction. 

Court ordered that John French take what Mr. Gilbert was 
assigned to pay upon his presentment. 

Salem prison being now finished, court ordered that "it be 
returned to those that disburssed for the repaire by the treserer 
not exceding 41i." 

Richard Post dying intestate, court granted administration of 
the estate to Mr. John Hathome, who was to bring in an inven- 
tory to the next Salem court. 

deponent had the other indentures in his pocket and as soon as 
they went out of court he told Jo. Rey that what he had sworn 
would hardly hold with truth, for the indentures were not the 
same. He replied that he wotild venture ten poimds that they 
were alike. "Nathaniell Puttnam would not lett us venture 
any thing but a Quart of wine," which the company drunk, and 
after examination by the men chosen, Rey owned that he had 
lost. Further Samuel Graves and deponent went on purpose to 
Salem, took a copy of Jos. Rey's testimony and went to his house, 
telling him that they were not satisfied. Rey was troubled and 
said that he did not so testify, but Ashby had said that in his 
house. Samuell Graves then told him "I expected you should 
haue bene my testimony; for you know how badly the fellow 
dealt w*** me; and how bad a servant he was before to you A 
marvaild that he would be the fellars attumey against him; 
about which time Jos. ReyB wife came forth & see the treble 
amongst us, & desired us to goe in to the house; then relating 
the business before him & his wife he sayd you are mistaken I 
did never wittness soe; but Edmund sayd soe to us that his 
master had fifteene pounds with him at the beginning of his 
time. Then the wife of Jos. Rey being somewhat moved in 
spiritt sayd that If it were not soe the sayd Edmund was a lying 
fellow; 4 she would say it before any Court in New England 
for he had told them so many times: thenn I puld out the evi- 
denc that wee had taken out of the records at salem & then he 
sayd he would do anything that Graves might not be wronged 
& went w^^ us to Nath. Putmans, & after some discourse Natdi. 
Puttman & hee & Goodwife Puttman went out & left us alone A 
when they came in againe agreed w^ us that there should be noe 
further prosecution of that business; till Edmimd come home 
who was then at sea." Samuell Graves deposed the same. 
Joshua Rea deposed. 



1671] RECORDS AND FILES 345 

Thomas Smith came into court and chose his father-in-law, 
Ens. Tho. Howlett for his guardian, which was allowed. 

Joseph Armitage, being enjoined to attend the court and being 
orderly called and not appearing, was fined. 

John and Thomas Edwards, indicted for steaUng horses and 
mares of Mr. Bradstreet's, were tried by jury. Special verdict, 
if any one taking up horses of another man, upon a bare pre- 
tended right, and sell them, not making any legal conveyance or 
purchase of them, nor yet acting according to the law directing 
about tolling cattle be judged a felonious act, they foimd the 
indictment good, otherwise not. Court found them guilty, and 
ordered them to pay treble damages, SOU. to Mr. Bradstreet, 
and also to be whipped.* 

PhiUp Fouller, aged about twenty-three years, testified as to 
the amount Graves received from Ashby. Sworn in court. 

WiUiam White deposed. Sworn in court. 

♦Siunmons, dated Dec. 14, 1670, for apprehension of John 
Edwards, signed by Daniel Denison.t 

Dudley Bradstreet, aged about twenty-two years, deposed 
that the four mares that John Edwards owned that his brother 
Thomas had taken up as his own, were deponent's father's, three 
of which he bred; the other was the great pied mare he had at 
Conecticott some eight or nine years since, which had been win- 
tered at his house even since. Deponent's father had given two 
of them to his brother Samuell but they had been kept always 
with the rest. Sworn in court. 

Robert Lord, aged about thirty-nine years, and Dudley Brad- 
street, aged about twenty-two years, deposed that when the 
marshal apprehended Jno. Edwards, the latter wotild have com- 
pounded with said Bradstreet, for he did not think the mares 
there were his. But he had shown them to Nicholas Woodbery 
of whom he bought them, etc. Sworn in court. 

Richd. Hubberd deposed that John Edwards was employed 
in some business of great haste at his house and absented him- 
self for several days. Deponent inquiring the reason was told 
that he had bought some horses of Nicolas Woodbury and was 
seeking them, and he told John's brother Thomas that John 
would better be about his business than steaUng horses. After- 
ward Edward's told deponent that the horses he had taken up 
were the latter's father Bradstreet's and that he would send 
them home. 

WilUam Knoulten deposed that the Eklwards's had hired him 
to go into the woods to look for horses and when they came to 

t Antograph. 



846 IPSWICH QUARTERLY COURT [Mar. 

Andrew Peeters, Obadiah Bridges and Tho. Wells were released 
from their bonds for good behavior. 

Mr. Anthony Crosbie having attached John Tod in an action 
of review, and not entering, costs allowed. 

Richard Lole of Newbury was released from training. 

Robert Pearce was released from training, paying 5s. a year 
to the use of the company. 

Mr. John Denison dying intestate, administration of the estate 
was granted to Major Genrll. Denison, and Mrs. Martha Deni- 
son, reUct of said Mr. John Denison, was ordered to bring in an 
inventory to the next sessions. 

Upon petition of some inhabitants of Newbury, court im- 
powered Daniell Peirce and Richard Kent to distrain the arrears 
of such rates as are behind, for the payment of Mr. Woodbridge, 
of such rates as are duly signed by the selectmen for Mr. Wood- 
bridg's satisfaction and the town's. 

Mr. Peeter Dimcan was licensed to sell Uquors by retail for a 
year, not suffering townsmen to drink in his house. 

Francis Wainwright had his license renewed for a year. 

John Perly was fined for lying.* 

Antony Card's, he told him that he had seen them going toward 
Rowlye, with some of Bass river. When they reached Rowlye 
they inquired for them and Goodman Hasen said he wotild show 
the mares to them for three shillings, which he did in the common 
field. Then they drove them to Rowlye and no one there claimed 
them. Sworn in court. 

Samuell Gidding deposed that having lost a mare, he went to 
John Eklwards' house, and nobody being at home, he saw a pie- 
bald and a sorrill mare and others, which he thought were Mr. 
Bradstreet's, and he left word with John Dodge at the sawmill 
that he would best drive the mares where they came from. Sworn 
in court. 

John Eklwards, examined by Daniel Denison,t said he had 
sold one of the mares to Sam. Dodg. Edwards was committed 
to prison. 

Roberte Morgen, aged seventy years, deposed. Sworn in court. 

Rice Bkiwar^ deposed. Sworn, 28 : 1 : 1671, before Wm. 
Hathome,t assistant. 

Nicolas Woodberyt certified Mar. 7, 1670-71, that he thought 
the mares to be his, etc. 

^Daniel Wickum deposed that being at Edward Hazen's with 
John Pearlay and some others, he asked said Pearley when he 

fAntograph. 



1671] BECOBD8 AND FILES 347 

Court adjourned to Apr. 18 next. 

would bring home his bridle that he loaned him and which he 
promised to return the first time he came to Rowleye. He 
replied that John Grould took it from his house and it had been 
broken all to pieces. Deponent said that if the reins and head- 
stall were broken, he would take the bits for they cotild not be 
broken. Pearley said he did not know what had become of 
them, and deponent told him if he ever saw the bridle he would 
take it, etc. Sworn in court by deponent, Thomas Ally and 
Joseph Trumble. 

Joseph Trumballe, aged about twenty-four years, deposed 
that he heard John Parle say that the pair of bridle bits which 
he sold to Zeckause Curtius and that Daniell Wicam took from 
Zeckause Curtyus in Mr. Shepard's bam, etc. Sworn in court. 

Daniell Wickame, aged thirty years, deposed. Sworn in court. 

Certificate, dated May 11, 1670, that John Galley, John Blacke, 
Henry Bayly, Thomas West, John Woodbery and Thomas 
Patch of Beverly were admitted freeman by the General Court, 
signed by Edw. Rawson,* secretary. 

Court held at Salisbury,! 11 : 2 : 1671. 

Henry Browne and Abigail, his wife, aged about fifty-six years, 
deposed that ''when Nathanniell Winsloe went to Block Iland, 
the time he continued there, y* George Martin was verry dilli- 
gent in helping of his Father North, both in getting him Wood 
or hey or doing any such worke as his Father North had for him 
to doe." Also that "his sonnes and his daughter were verry 
helpfull to the old Folkes; and doe testifie that George Martins 
daughter went well clothed to her Grandfather and went bare 
away A Further saith y* they heard old North severrall times 
say that Nath. Winsloe should never bee y* better for his estate 
if hee Could helpe itt . . . and y* s^ Abigaill saith y* shee did 
Importune goode North and her husband y^ they should be 
satisfied for their paines & she said y* it should be satisfied by 
life or death." Sworn in court. 

Richard Wells, aged about sixty-four years, deposed that 
" I coming to richard North his house he asked mee if I had my 
spectacles about mee I said noe & he said hee had a will he would 
haue mee read it to him & he sent his grand childe Mary y now 
wyfe of nath" winsly to Henry Browns & she brought a payer 
& I did read it to him & he sd it was his will & desired mee to 
take it home w*'' mee & keep it for him & I did soe & this was 
w*** in one yeare before his death & that same will y* hee deliv- 

*Autograph. 

t The records of the Norfolk Cotuity courts, from Apr. 12, 1070 to 8: 8: 
1872, are missing, consequently abstracts of Uie files only are given. 



348 IPSWICH QUABTEBLT GOUBT [Apr. 

Court held at Ipswich, Apr. 18, 1671. 

Abiell Somerby, Henry Jaquis and James Kent were admitted 
to be freeman by the Genrll. Court, and took the freeman's oatL 

There being information of a bad place dangerous for travelleis 
upon the causeway over the marsh toward the bridge near Thur- 
la's, court ordered that the town of Newbury have it mended by 
Apr. 25, upon penalty of five pounds. 

Whereas the bridge near Thurlayes is in danger of being carried 
away if care be not taken to secure it, court ordered Daniell 
Pearce, sr., and John Pearson to see it made sufficient, and the 
constable and selectmen of Newbury were required to be assist- 
ants thereto and power given them to impress such help as 
necessary; and the bridge to be finished before the next Salem 
court.* 



ered to me I kept & delivered unto y* next court held att Salis- 
bury after his decease & I did see Cap* Bradbury & Mary y 
wyfe of nath" winsly attest to y* same." Sworn in court. Copy 
made by Tho. Bradbury,t recorder. 

Mary Winsly also deposed. Sworn in court. Copy made by 
Tho. Bradbury,t recorder. 

Roger Eastman, aged about sixty years, deposed that when 
Nathannel Winslow was gone to Block Island, Gorg Marten 
carried on his father Richard North's work for the space of two 
years and a half. Further that he heard said Marten say that 
he did not desire any of his father's goods while he was alive, 
but when he died, if there were anything, he expected a share. 
Marten had a daughter dwell with Richard North two or more 
years and for the most part found her clothing. Sworn in 
court. 

Sarah Eastman, aged about fifty years, deposed that Ann 
Oldom took care of her at the birth of her daughter Sarah fifteen 
years ago, on the 25 : 2 mo., as appears by the records. Ann 
Oldum is now called An Bates. Sworn in court. 

Copy of a bond given by Onesephorus Page to appear at the 
next Hampton court to answer a complaint of Major Pike for 
altering the mark of a sheep or lamb and unlawfully taking away 
or selling an ewe lamb. Copy made by Tho. Bradbury,t 
recorder. 

*Copy of record of Salem court, 29 : 9 : 1670, ordering John 
Pearson to report on the condition of Newbury bridge. 

John Pearson'st report: "According to the trust Comitted to 
mee Concerning the Bridg over Newbery River; I haue Care- 

fAutograph. 



1671] RECOBDS AND FILES 349 

Ordered that Capt. White draw no liquors except those he 
stills himself and no wine after midsummer next. 

Samuell and Margrett Bishop had their license to sell liquors 
renewed for a year. 

Leift. Ossgood of Andover was Ucensed to keep an ordinary 
and draw wine and hquors to strangers for a year but not to 
suffer any townsmen to drink liquors in his house. 

Daniell Perce was allowed 10s. for a hue and cry. 

Elizabeth Randall was ordered to pay Daniell Perce, 3s. 

Henry Bachelour and his wife, for absenting themselves from 
pubUc meeting on the Lord's days, was fined. 

Mr. Shuball Walker was allowed clerk of the writs at Meri- 
mack. 

Thomas Dennis, presented for a Ue, was fined.* 

Josiah Clarke, presented for fornication, was ordered to be 
whipped unless he pay 20 nobles, give security to save the town 
harmless from any cost by the child of Sarah Warr, and pay 2s. 

fully vewed the Bridg; And done something for the psent that 
travillers may nott suffer though I acknowledg my Insuffi- 
cientcy to such work; but the report I give is that there needs a 
considerable chardg to be layd out to make both ends sufficient 
espetially one end which the frost lifts up y* upper work & soe 
Causeth the lower work & trussels to sii^ In towards 
the channell." 

*Josias L3mdon deposed that Thomas Denis went into the 
woods and chose eighteen trees, and commanded deponent who 
was his servant, to fell them, which he did in October last. Then 
he and Denis wrought them out into bolts. This was in Ipswich 
woods on the south side of the river beyond Goodman Fellowes. 
Sworn, Apr. 6, 1670, before Samuel Symonds.f 

Thomas Hart, sr., and Walter Roper deposed that they were 
present when the selectmen sent for Denis for felling twelve trees 
more than he was allowed. Josiah Lindell's testimony was 
read before Dennis but he denied it. Later it was decided that 
Walter Roper, Edw. Chapman with Tho. Hart and Nathll. 
Treadwell should go into the woods, and they foimd the trees 
felled, but Dennis still denied that he cut them all, although 
Ldndell so affirmed to his face. Sworn in court. 

Walter Roper deposed that being informed that Thomas Den- 
nis had felled eighteen trees on the commons and searching the 
records, found that he had a grant of six and no more, etc. 
Sworn in court. 

t Antograph. 



350 IPSWICH QUARTEBLT COUBT [Apr. 

per week toward the maintenance of the child. Josiah Clarke 
bound, Thomas Clarke, jr., his brother, and Joseph Lee, suretieB.* 
Court gave judgment against Mr. Eklw. Woodman, Mr. Dum- 
mer, Wm. Tittcomb and others adhering to their party.f 

^Elizabeth Perkins, jr., aged about twenty-five years, deposed 
that being at her uncle Mr. Baker's house in Ipswich ^'tending 
her sister who then lay in childe-bed she lying one night w*^ 
Sarah War in that roome, w** is beyond y* hall late in y* ni^t 
when they were going to bed found there Josiah Clarke, w*"" a 
bottle of wine w** he brought w*"* him, w** he was instant w*"* us 
to drinke oflF, but y* deponent told him y* twas no fit time to 
drinke, but twas time for him to bee at home, & for y"* to bee 
in bed & y^ shee by tending her sister had lost much sleepe & 
wanted Rest & therefore desired him by all meanes to w**'drawe 
himselfe, yet at last she also through his importunity, dranke of 
his wine but would by no meanes be induced as he would haue 
had y™ to make an end of y* bottle; nor Could shee prevjule w* 
him to w**'drawe, but at last hee pmised y* if they w^ needes goe 
to bed hee would bee gon as soone as they were in bed, to w^ y* 
deponent repUed that doubtlesse her Bro. Baker w** suddenly 
Call her to tend y* Childe, & hee would send him gon, if other- 
wise hee w^ not bee gon: after this, upon his pmise againe & 
againe giuen y", no further to disturb y"*, but to quit y* place, 
if they were in bed, they put out y light, & went both to bed, 
& then urged him upon his pmise, to bee gon & to suffer y™ to 
rest quietly; but hee lingring, y deponent told him, y* tf hee 
would not dept, she would rise againe & her brother BaJcer should 
send him gon, (for shee was loath to make soe much adoe, as to 
wake her Uncle) — & soe shee did, putting on her Cloathes 
againe, & soe did War, Josiah offered to Conduct her into y* 
Parlor y* shee might lye there, but faine would haue had her to 
haue left War w*h him, to haue drunk out y* bottle, but y De- 
ponent w^ not Consent, but w** haue War w*h her also & y" hee 
depted: but he sh** retume againe, they both remoued their 
lodging, & lay that night in y* Parlour," etc. Sarah War afl&rmed 
the same. Sworn in court. 

Elizabeth Baker, jr., deposed as to suspicion she had of the 
conduct of Clark and Sarah War. Sworn in court. 

Katterene Baker testified that "mother often chid" Josiah 
Clark, etc. Sworn in court. 

fAccusation against Mr. Woodman and others, addressed to 
the Ipswich court, and presented by Richard Kent and Daniell 
Peirce, sr.: "Haueing tryed all priuate meanes & publike eccle- 
seasticall by councills according as wee were directed by our 
honoured Magistrate all which since they proue unsuccessful! 
nor can wee see any hope of silenceing much less of cureing our 



1671] RECORDS AND TILES 351 

differences & fearing least such miscarriages may haue an Influ- 
ence not onely to breed public disturbance in other churches 
some sparkes wherof already appear but also may breake forth 
into open factions & mutinyes haueing no other remedy, wee 
humbly conceiue it our duty as bein necessitated to it to present 
our Case to Ciuill Authority intreating them at least to redresse 
such miscarriages as are contrary to the knowne laws of the 
Coimtry, and so contrary to the publike peace Title ecclesiaste- 
call. Sec. 14 is forbidden contemptuous behauior towards the 
word preached or the messengers of the same — or casting any 
reproach on their doctrine and persons to the dishonour of o' 
Lord Jesus — disparagment of his holy ordinances and makeing 
gods wayes contemptible & ridiculous as sect. Cap. Heresys. n. 7. 
Euery person whatsoeuer that shall reuile the person or ofiice of 
magistrate or ministers — such person or persons shal be seuerely 
whipt or pay the simi of fine pounds likwise it is prouided C. 1. 
that no mans honour or good name shall be stained &c. 

''As offendours against their laws, we humbly present to this 
honoured Court 1. whether all those that call themselues the 
church & brethren of the church of Newbury who haue irregu- 
larly conuened, haue publikly read & debated certain articles 
presented to them by M' Edward Woodman against y^ pastor 
M' Parkar (whose inoffensiuenes is generally Imowne) tending 
to his great reproach & infamy and haue as appeares by their 
publicke writing Judged & determined the said M' Parkar to be 
the caus of their diuisions and troubles to haue broken seuerall 
couenants & agrements with the church (as may more fully 
appeare by the articles exhibited by the said M' Woodman against 
him and tberfor do publikly blame him, yea so deeply, that they 
take upon them to suspend him from his ofiice, which articles 
upon due examination we doubt not but will appeare vaintyes 
yet their publike actings being bruted ouer the country must 
needs tend to the great reproach of m' Parkar when they shall 
hear so many Articles & such a Censure, and in particular we 
represent to you M' woodman the plaintiff, m' Richard Dmner 
(who they termed the president) Archelaus woodman & william 
Titcomb moderators and Richard Bartlet & Samuell Plumer 
messengers who are able to informe of the rest. 

"2. whether m' Edward woodman who was formerly con- 
uicted of his Scandalous reuileing M' Parkar besids frequent 
contemptible speaches & threatnings of him be not againe f alne 
into the same offence by publickly affirming that M' Parker hath 
broken Couenant three times already & no couenant will stand 
before him. Will. Morse, Trist. Coffin, M' Hills.* Likewis in 
the same law imdemeath — whatsoeuer shall go about to destroy 
or disturb the order & peace of the chiu'ches established in this 
Jurisdiction — on groundles conceits &c. 

* These names in margin. 



352 IPSWICH QUABTERLT COUBT [Apr. 

'^Now as contrary to this. 1. Whether it be not factious 
for a part of the church without the knowledg & priuity of the 
pastor & brethren to meet together & there to Agitate and carry 
on church affaires in way of Complaint against their Pastor and 
whether this may not be accounted an act of Conspiracie against 
their pastor & the church yet this haue been done by them at 
Steuen Grenleafs house where were present m' woodman m' 
Dumer & many others as wee are informed. Will. Morse, Georg 
Little.* 2. whether it be not a disturbance to the order of the 
churches for m' woodman at most but a Deacon on a Lord's day 
immediately after the momeing EJxercise (though he was desired 
by his pastor to forbeare and not profane the Sabboth by open 
disturbance & so forbade him to proceed) to desire the church to 
stay, and when m' Parkar told him he had broke the Agreement, 
m' woodman replyed to him, I speak not to you but to the 
church, for I haue divers complaints against you and when m*^ 
Parkar was gone & to tell them that he had seuerall complaints 
against Mr. Parkar and desired them to appoint a church meet- 
ing to heare them, which (though m' Parker imediatly before 
had warned a church meeting) many of them consented to, and 
so upward of thirty voted it, william Titcomb voted it. John 
Knight, Nath. Clarke, Anthony Somerby.* 

"3. Whether it be not a like disturbance of the publik order 
& peace of the churches for the said persons sollemnly to cause 
the bell to Ring and repaire vnto & obserue such an irregular 
meeting to terme themselues the church (though not the major 
part of the church) and in the name of the church to send for 
the pastor to answer to the charges laid against him by m' wood- 
man. And here particularly m' Dumer Archelaus Woodman & 
William Titcomb were moderators M' Woodman Plaintiff the 
rest witnesses & Judges, Hen. Jaques, Abiell Somerby.* 4. 
Whether it be not a like breach of the order & peace of the churches 
when any of the members being publikly scandalous, a church 
meeting being publikly warned by the pastor, and the psons duly 
somoned the said persons shall pubUkly contest against their 
pastor & wiU not 4ree 80 much as to haue their larges read 
vnles their pastor \vt11 first vote it to know whether it were the 
mind of the church that it should be read, and whether after 
such debate when the said charges shall b^gin to be read ther 
is a uproare & hubbab raised that the church might not heare 
what was read, and when they are read they being particu- 
larly read and desired to answer they shall directly refuse so 
to do, yet guilty of such things are M'. Woodman, Archelaus 
Woodman, Willmm Titcomb & William Pilsbury, Capt. Gerish, 
Tristram CoflSn, Nich. Noyes.* 6. Whether M' Richard 
Dumer & Richard Tharlay signeing a paper in behalfe of the 
church which contained (in their apprehensions) an act for the 

* These names in margin. 



1671] BECOBDS AND FILES 353 

suspension of their paator from his office and thereby what in 
them is depriueing tiie whole church of the ordinances of christ 
which he hath giuen to his church, and this without the aduice 
and direction of any other church are not guilty as leaders in the 
disturbance of the church but also of falshood, when it is not 
the chinrch nor the major part of the church acting in any lawful 
meeting that giues them authority so to do, and whether Arche- 
laus woodman, william Titcomb, Richard Bartlet & Samuell 
Plumer in bringing it & deliuering it as an act of the church, be 
not alike guilty of promoteing the disturbance of the church. 

''6. Whether it be not a disturbance of the pubUke peace & 
order in an Organick church for priuate members contrary to the 
mind & priuity of their pastor & brethren to elect Ruleing Elders 
imposeing them on the pastor & brethren without their consent 
m' woodman one of them being knowne to be scandalous in his 
conuersation and this not by the major part of the brethren 
neither yet this wilUam Titcomb, Steuen Greenleafe, Richard 
Bartlet & Caleb Moody brought as a messag to m' Parkar from 
them whom they cald the church, and they are able to giue an 
account who they were that set them to worke. 7. Lastly 
whether in theise things (to omit many other that may be men- 
tioned) m' woodman & those who adhere to him be not guilty as 
much as in them lyes of erecting a new forme of Gouerment in 
the church with a great deale of strife and contention contrary 
to the platforme of discipline allowed by the Generall Court & 
the receiued practise of all the Congregationall Churches in the 
Country, and whether this be not to the breach of the peace both 
Ciuill & Elcclesiasticall In Title Ecclesiasticall n. 11 — Ciuil 
Authority here estabUsht hath power & Uberty to see the peace 
ordinances & rules of christ to be obserued in euery church accord- 
ing to his word & our Honoured Magistrats in their letter directed 
to us, do account themselues bound by all due meanes to coun- 
tenance & protect the obseruers of the Congregationall Gouer- 
ment, we present therfore theis things vnto you that according 
to your wisdoms at our request you would bee pleased to en- 
courag those who desire to be faithfull to god & louers of truth 
& peace." 

Declaration of the pastor and several of the brethren of the 
Church of Newbuerry, presented to this Cort at Ipswich: "The 
manifold contentions that haue bin among vs for sundry yeeres 
haue bin matter of continuall grief e & ougjbt to be of continuall 
humiliation, that such things should arise among people whose 
beauty consists in their union to christ & one with another 
To omitt all former [faded] (which we cannot reflect upon 
but with griefe) so high were the opposition that according to 
the direction of o' honoured magistrates who pittyed our dis- 
tractions we were forced to desire the help of o' neighbous Elders 
& churches, who at a Councill convened No' 3 : 1669, whom o' 



354 IPSWICH QUABTERLY COUBT [Apr. 

brethren would by no meanes owne or subject unto as a Councill 
though there was as much reason to respect them, & accept their 
advice as [faded] in the country. The [faded] hereupon was 
forced to proceed according to the Allegations & proofe [faded] 
whereby they found & judged the actings of o' brethren to be 
very irregular, contrary to the peace & unity w**" ought to be in 
the church, tending to confusion, & w^^ casts reproach on the order 
of the Congregational church among us & therefore were offen- 
sive & if they should proceed after such testimony of theirs against 
their wayes it would be much more offensive," etc. At the 
meeting they fell to quarrelling and contradicting their pastor, 
and instead of hearkening to the resolutions whereby they might 
understand what they were charged with that they might give 
satiirfaction, they raised a ''hubbub, knocking, stamping, hem- 
ming, gapling to drowne the reading." 

At Mr. Woodman's meeting, there were fifteen or sixteen 
complaints against Mr. Parker and also twenty-five more which 
formerly he had presented to the council, which found little 
cause to blame Mr. Parker, for they had raked up everything 
they could find for thirty years, yet had nothing of vaJue to 
fasten on him. They held four meetings. Mr. Parker's ad- 
herents called a council of nine churches at their own expense and 
attempted to settle the difficulties according to rule, but the 
opposing party had nothing but contempt for that, and the 
received and approved practice of all the churches in the country 
was not regarded by them. ''So that we are at a stand, & could 
not imagine what further course to take, who will be content 
wi^ nothing but their own wills, to y^ subduing of all to their 
humors & the ruin of the church. In the issue it comes to this, 
that their designes bring forth a monstrous birth, the members 
cutt off the head without the advice of any church or churches; 
without any shew of any just ground or reason (but what their 
owne engaged fancyes & violent passions suggest) they take 
upon them, & this by a lesser part of the church present & some 
of them dissenting, the brethren that were not of their per- 
swasion desired to withdraw, to depose their Pastor, to choose 
two ruling Elders, imperiously enough imposing them on liieir 
Pastor & brethren, who were as fitt to be respected as them- 
selues," etc. 

Nicholas Noyes* deposed that at a church meeting, Mr. Wood- 
man pressing Mr. Parkar to bring some persons before the church 
for admission "I desired the church to take notice that I thought 
it was meet to regulate those that walked disorderly first & men- 
tioned M' Woodman, that he walked disorderly in not attending 
the publike odinances & in withdrawing comunion from the 
church, in the latter part of the same meeting m' woodman mak- 
ing complaint against m' Parker I told the church that I desired 

* Autograph. 



1671] RECORDS AND FILES 355 

my complaiat to be heard first (or to this purpose) mine being 
made first. Anthony Somerby testified to the same. Sworn in 
court. 

John Knight and Tristram Coffin deposed that it was a minor- 
ity of the church who voted Jan. 29, 1670 for a meeting to hear 
the complaint of Mr. Woodman, for there were thirty-nine who 
had not joined with them, besides the forty-one that said Wood- 
man claimed were not all present, viz., Mr. Dumer, John Merrill, 
John Wells and Mr. Woodman, leaving but thirty-seven. Ben- 
jamen Rolfe and William Moody, of the thirty-seven, did not 
vote and Steven Swett ought not to vote '* because he hath not 
had comunion with the church being an Anabaptist.^' Sworn in 
court. 

Frauncis Browne and Joseph Bayley deposed that they were 
present at the meeting Mar. 16, 1670-71, thirty-nine answered 
to their names when cdled for the suspension of Mr. Parker, and 
Jno. Merrill and Jno. Bartlet had owned since that they agreed 
although not present. Also that after they were called, Mr. 
Woodman desired that if any brother wished to object, he should 
speak, and there was no objection by any of the thirty-nine. 
Sworn in court. 

John Emery, sr., Samuell Plumer and John Webster deposed 
that the major part of the church stayed and voted that on Mon- 
day sevennight at eight o'clock they would vote upon the com- 
plaints. Sworn in court. 

Tristram Coffin deposed that Mr. Woodman afiirmed before 
the Salsbury men at Peter Tappin's house that he had dealt 
with Mr. Parker in private before he mentioned it in public. 
Then William Titcomb afiirmed the same, whereupon deponent 
said "I wonder goodm. Titcomb that you will affijme that which 
is so false," etc. Sworn in court. 

John Emery, jr., and John Webster testified that at a church 
meeting when Mr. Woodman was charged with saying that 
Richard Kent agreed to the articles and that he shook Um by 
the hand upon it, the brethren affirming that said Kent was not 
there, said Woodman owned that he might be mistaken, but he 
shook every man by the hand and he thought Richard Kent 
was one of them. Sworn in court. 

Wm. Gerrish deposed that Mr. Edward Woodman affirmed 
that he "did not acknowledge any evill before the Councill but 
personall offences & that his teares weere teares of Joy and not 
of sorrow, when he did declare before the Councill & called for 
witnes that he spake it for himselfe & the bretheme that they 
thought they had the word of God on their syde but they foimd 
they had not & therefore did desire forgivenes of the Councill 
Pastor and bretheme." Nicholas Noyes testified to the same. 
Sworn in court. 



356 IPSWICH QUABTBBLY COURT [Apr. 

Richard Knight* deposed that bein^ sent to Mr. Woodman to 
demand the church book, he went to his house Mar. 28, 1671, with 
Abidl Somerby, and told him that Mr. Parker would have him 
send the book. He answered that he would not let it go until 
the church sent for it. Deponent said that the church hi^ voted 
that he should get it, and Mr. Woodman replied that he utterly 
disowned such a church, and he thought that deponent did very 
Eonfully m holding with Mr. Parker, etc. Sworn m coiui^. 

Riched Bartlet and Steven Grenlefe testified that there was a 
full meeting when the complaint was made, about fifty, and tiiat 
he saw but two oppose it. Sworn in court. 

William Titcomb, Jams Ordway and John Webster deposed. 
Sworn in court. 

John Emery, jr., deposed that he heard Mr. Parker speak to 
the church of Newbury and say that Goodman Thiu'la had a 
dismission from Rowly church. He read the letter of dismission 
and said Thurla was accepted. Sworn in court. 

William Titcomb and Jams Ordway testified as to the com- 
munications that passed between Mr. Woodman's party and 
the council, and at last messengers came to Peter Tappen's house 
from the coimcil and told them that they would accept them 
upon their own terms. Sworn m court. 

John Emerry, sr., and John Emery, jr., deposed concerning 
the efforts of the coimcil in behalf of the church. Sworn in 
court. 

Joseph Hills,* aged about sixty-nine years, testified on ^r. 1, 
1671, that on motion of Mr. Woodman about forebearing all 
proceedings imtil the council had a chance to clear matters, said 
Woodman said that Mr. Parker had broken covenant with the 
church sundry times, etc. Sworn in court. 

John Emerey, sr., William Titcomb and John Webster deposed 
that upon a church meeting day when the brethren desired Mr. 
Parker to vote the articles agreed upon before the council and to 
call forth those men who had stood so long proposed to the 
church, Mr. Woodman asked Mr. Parker to warn a church meet- 
ing upon the complaint against said Parker, and many others 
wished it. Nicolas Noys said ''I haue also a complaint against 
M' woodman," to which the latter replied, "brother Noys pro- 
sede with mee in a Regular way and I will indeuor to giue you 
full satisfaction." Sworn in coiui^. 

Henry Jaques* deposed that Mr. Parker turned his back on 
Mr. Woodman, saying his ways were ungodly, etc. Sworn in 
court. 

Reasons of complaint against Mr. Woodman, according to 
testimony of the witnesses. 

^ Statements made by Mr. Parker's adherents: that there were 
eighty members of the church, including Mr. Dummer; there 

*Antogmph. 



1671] BECORDS AND FILES 357 

were diver others neither recommended nor dismissed, includ- 
ing Mr. John Geerish and Nich. Wallinghton who frequently 
conmiuned with them, far more than Mr. Dummer, and should 
be accounted with the church; that in the first meeting of the 
Woodman party, Feb. 6, 1670, Wm. Moody, Jo. Merrill and 
Ben. Rolfe were absent, so they did not have the major part 
there; at the second meeting, Feb. 13, 1670, Mr. Dummer, Jo. 
Merrill, Wm. Ilsley, Wm. Sawyer and Job Pilsbury were absent; 
and on Mar. 16, 1670, when their act of suspension was framed 
against Mr. Parker, Jo. Bartlett, jr., did not consent and Jo. 
Bartlett, sr., John Merrill and Jo. Wells were absent. 

Anthony Somerby* and Richard Knight* deposed. Sworn 
in court. 

Robert Pike,* aged fifty-two years, deposed that "att a publiq 
meetting many years ago: as I remember vpon a Saboth Day 
There was somthing propounded concerning M' Domers Trans- 
mision from the chch of Roxbery to the chuch [of] Newbery 
which seemed to good exceptanc with the church: but whether 
it was by dismision or Recomendasion I vnderstand not. the 
meeting was in the open Ayr vnder a tree." Sworn in court. 

Tristram Coffin and John Knight deposed. Sworn in court. 

Tristram Coffin* and John Kmght* deposed that at the church 
meeting Dec 8, 1670, when Mr. Woodman told Mr. Parker he 
was offended, the latter said ''produce your accusations & I will 
giue answer to it presently before the church," etc. Sworn in court. 

Abiel Somerby* deposed that in the schoolhouse on Dec. 19, 
1670, Mr. Woodman expressed himself higUy. Mr. Parker 
said, "Soft, sir, your wayes are vngodly, you neglect publike 
worship & withdraw from the Comunion of the church," etc. 
Sworn in court. 

Nicholas Noyes* and Anthony Somerby* deposed that Mr. 
Woodman and his company objecting to James Smith and John 
Smith as not being members of the chiu'ch, deponents affirmed 
that they were proposed by the pastor for admission, and stood 
so three weeks before they were admitted, etc. Sworn in coiui^. 

Anthony Somerby* testified that Daniel Peirce, sr., brought 
a dismission and was admitted to Newbury church. 

John flight* testified that Richard Pettingall brought a dis- 
mission and was admitted to Newbury church. 

Nicholas Noye»* deposed that he heard Richard Pettingall 
say that he had a dismission from Salem to the Newbury church. 
Sworn in court. 

Abiel Somerby deposed that his father-in-law Richard Knight, 
etc. Sworn in court. 

Anthony Somerby,* Richard Knight* and Abiel Somerby* 
deposed that Woodman affirmed that the council act was can- 
celled by the council and that act was an empty paper. 

* Autograph. 



358 IPSWICH QUABTERLT COUBT [Apr. 

Heniy Jaques* and Wm. Morse* deposed that they told Wood- 
man that he needed to be dealt with, etc. Sworn in court. 

Nicholas Noyes* deposed. Sworn in court. 

Abiel Somerby* deposed. Sworn in court. 

Tristram Coffin and John Knight deposed. Sworn in court. 

Richard Knight* deposed that when Capt. Gerish read the 
determination of the council, etc. 

Copy of a paper, dated Mar. 16, 1670, sent by Mr. Parker 
to Mr. Woodman and his company, by seven of the brethren: 
''Haueing so frequently & seriously testified against yorn: irregu- 
lar actings (determined to be such by the Coimcill) It cannot be 
expected that I should concurre with you to promote any dis- 
order, and consent to the erecting of any new forme of Gouerment 
contrary to the receiued profession and constant practise of 
the churches here among us. 

''Your carriages haue bin such in theise late transactings as 
haue reflected great infamy & reproach on mee, I cannot consent 
to agree with you to promote you in your way till by some pub- 
like audience I shall haue vindicated m3rselfe from any Just 
aspersion you haue cast upon mee. My complyance with you 
may by others be interpreted as iudging of my self e guilty & that 
therfore I am willing by composition to make up my owne errors 
& miscarriages. Four of the brethren haue bin publikly com- 
plained of and brought before the church to answer for their 
publike offences, their answer through your meanes and their 
open ref usall hath bin Interrupted I shall not willingly consent 
to any motions from you that may hinder their iust conuiction 
nor do I thinke that any of your designes are to bee attended 
to till this be duely examined & iudged Once more I emesty 
desire you to consider your selues and not to go on in such irr^u- 
lar courses, which though you seeme to justify yorn* selues in, 
yet assuredly will proue euil in ye end, do not thinke it a light 
matter to breake the vnity & peace of the chrnrch, hinder the 
edification of the church cast contempt on the ministry greiue 
your pastor and brethren giue offence to other churches and 
bring up an euill report and cast reproach vpon the Gouerment 
of the churches heere, & once more I intreat you to thinke of 
some way of reconcQeing our differences, which wee thinke will 
onely be by consenting with us to call a regular coimcill resolue- 
ing to submit to their aduice if we cannot preuaile with you in 
this motion, wee shall be forced to consider what courses shall 
be taken to defend our selues & blame us not for useing any 
Lawfull meanes wherby we may redresse your sin & our dis- 
tractions." 

When the foregoing paper was read to them, they asked the 
seven brethren to absent themselves from them, and toward 
night they sent this ensuing paper: 

*Aatograph. 



1671] RECORDS AND FILSS 359 

"Reverend S' M' Parker 

"Hearing a bruite about y^ Towne of an intention of some of 
your party to complaine at Ipswich Court of severall Brethren 
of their psonall & comon weaknesses; Wee thought good to 
put you in minde how farr it is from y« Rule of Christian loue 
so to practice one against another before Court & Country which 
might bee healed at home with a word of reproofe from one 
brother to another according to y^ minde of God, which saith, 
thou shalt not hate thy Brother in thy heart, neither shalt thou 
suffer sinn upon him. wee would desire you to consider y* your 
Selues are men of infirmity as well as wee are; & in case your 
practice in this kinde should Provoake vs to doe y« like: what 
appearance of Revengefull doings would there bee in y^ face of 
y« Country & no end could appeare but to vent corruptions 
towards one another & nothing attained therby of y^ concern- 
ment to which wee ptend ourselues conscientiously engaged 
but to vent our Stomacks one at another to y* great dishonour 
of God, reproach of Religion & to put advantage into y* hands 
of wicked men to speake Reproachfully of ReUgion in Generall; 
more rather wee desire that wee may bee of one minde so farr 
as to couer y^ Shame of each other, when no good end can bee 
obtained in opening of y* same: & resolue to comitt our case as 
it is conscientious to do, to the determination of y^ Generall 
Court to which wee must sitt downe, either actiue or passiue 
without which wee see no hope of issue & for y« avoiding of offence 
what may bee, wee will state ou*^ Complaint at home & you shall 
haue a Coppy of it, in case you will agree: there to answer to 
it, which will bee y most likely way to issue our endles & boimd- 
les confusions, that wee doe know off. Edward Woodman,* in 
y« name of y« Church receaved this pap the 23 march 70, read 
p Samuell Plumer ferriiman; brought by Jno. Webster." 

Subscribers to the act suspending Mr. Parker, dated Mar. 16, 
1670-71: Mr. Richard Dumer, Mr. Woodman, Archelaus Wood- 
man, Wm. Moody, Richard Thorla, Will. Ilsly, Fraunces Plumer, 
Wm. Titcomb, John Emery, sr., John Emery, jr., Jno. Merrill, 
Stephen Greenleaf, Thomas Browne, Nic. Batt, Antho. Morse, 
sr., Abraham Toppan, Wm. Sawyer, Edw. Woodman, jr., Wm. 
Pilsborrow, Caleb Moody, Jno. Poore, sr., Jno. Poore, jr., Jno. 
Webster, Robert Coker, Jno. Bartlet, sr., Ric. Bartlet, Jno. 
Bartlet, jr., Samll. Plumer, Joseph Plimier, Edw. Richardson, 
James Ordway, Tho. Hale, jr., Fra. Thorla, Edmimd Moores, 
Abraham Merrill, Benjamin Lowle, John Baily, Job Pilsborrow, 
Stephen Swett, Benjamin Rolf and Jno. Wells. 

Those brethren who did not act in Mr. Parker's sentence: 
Richard Dole, Richard Kent, Jams Kent, John Kent, Thomas 
Heall, sr., Richard Knight, John Knight, sr., John Kealy, Jams 
Jackman, Robart Lomase, Daniell Pearse, jr., Henry Short, sr., 

* Autograph. 



360 IPSWICH QUABTEBLY COURT Apr. 

Nicolas Noyce, Samuell Moody, Thomas Turvall, Henry Jacobs, 
Captaine Gerish, Robart Adams, Trostrom Coffen, Joseph Mosey, 
Nathaniell Clarke, William Chanler, Captaine Wheit, Mr. Richard 
Lowell, William Morse, Jonathan Morse, Antony Somerby, 
Abiell Somerby, Abell Hus, Mr. Sewall, John Davis, Gorg litteU, 
ail regular members, Mr. Heill, Mr. Woodbridg, Danell Pearse, 
ST., Richard Petingeall, Jams Smith and John Smith, these not 
members. Mr. Parker not to vote in his own censure. Signed 
by Samuell Moody, Wm. Chandler, George Litell and Thomas 
Tarvill. 

''This church hauing seriousley considred of y* complaint 
Brought to us by Mastor Woodman: against owr reuemt pastar 
Master parker and do judg it clerley proued By sufitiant eui- 
denses and much of it known to ower selues to be trew: do judge 
that you haue bin instrimentall of the deuisiones and trubles 
that hath along time and still are continued in this church: partley 
by your Change of opinion and practice and seurall times brek- 
ing promises and couenantes or agrements with y^ church and 
other thinges contained in the complainte: therfor we canot but 
judge you worthey of blame and do herby blame you: and for 
the restoring of pease to the church we ar inf orsed thow with 
great gref of herte to suspend you from acting ani thing in this 
church that doth apertaine to your office: in administring seales 
or sacriments or matters of gouerment as an ofiser vntell you 
haue giuen the church satisfation the which we do desier: and 
admonish you in the name of owr Lord Jesus Christ speedeley 
to indeuore that god may haue his glorey by it & the herts of 
your greued brethren in the Church may be Comforted: and in 
the mean time as a gifted brother you may preach for the edi- 
fication of the Church if you plese: your Louing but aflicted 
brethren of the Church of Newburey: sined by vs in y« behalf 
of y« Church. Richard dumer,* Richard Thorla.*" Sworn in 
court. 

On Mar. 16, 1670, the foregoing letter was brought to Mr- 
Parker by Archelaus Woodman, WiUiam Titcomb, Richard 
Bartlet and Samuell Plumer, and the latter read it. "After 
sunset will Titcom Steuen Grenlefe Rich. Bartlet & Caleb Moody 
came with a messag to M' Parker & told him they were sent 
from the church to giue him notis that the church had chosen two 
ruleing Elders that is m' Dumer & m' Woodman and they was 
to send to the two neiboring churches to io3m w^ them to ordain 
them vpon this day seauen night." Wit: Richard Knight, 
Nicholas Noyes, Anthony Somerby and Sam. Lowle. 

At the meeting on Feb. 6, 1670, in the meeting house, young 
Anthony Morse rang the bell; and on Feb. 13, John Webster 
rang the bell, and they began the meeting at the meeting house 
where Archelaus Woodman prayed, and they then went to John 

* Aatogniph. 



1671] BECOROS AND FILES 361 

Webster's house. On Feb. 28, they met at Peter Toppan's 
house, where the Salsbury men were present. 

List of the members of the church of Newbury: Mr. Wood- 
man's company and Mr. Dumer, John Emery, sr., John Emery, 
jr., Abraham Merrill, John Baiiy, William Sawyer, William 
Pilsbury, Job Pilsbury, Archelaus Woodman, Edward Woodman, 
jr., Benjamin Lowle, John Bartlet, sr., Richard Bartlet, John 
Bartlet, jr., Edward Richardson, Steven Grenleafe, William 
Moody, Caleb Moody, WiUiam Titcomb, Robert Coker, James 
Ordway, Thomas Brown, John Webster, Anthony Morse, sr., 
Richard Thorla, Francis Thorla, Edmund Moors, Nicholas Batt, 
Francis Plumer, Samuell Plumer, Joseph Plumer, Thomas Hale, 
jr., Benjamin Rolfe, William Ilsly, Steven Swett, John Wells, 
Abraham Toppan, John Poore, sr., John Poore, jr., and John 
Merrill. Mr. Parker, Mr. Woodbridg, Capt. Gerish, Capt. 
White, Mr. Sewall, Mr. Lowle, Richard Kent, James Kent, John 
Kent, Robert Long, Henry Short, Anthony Short, Daniel Peirce, 
sr., Daniel Peirce, jr., Richard Knight, John Knight, John Kelly, 
Richard Pettingall, WilUam Morse, Jonathan Morse, John Davis, 
John Smith, James Smith, James Jackman, Joseph Muzzy, 
Richard Dole, Henry Jaques, Anthony Somerby, Abiel Somerby, 
Thomas Hale, sr., Nathaniel Clarke, Robert Adams, Tristram 
CoflSn, Abell Huse, Nicholas Noyes, Georg Little, Thomas Tur- 
vill, Samuel Moody, William Chandler, Nicholas WaUinton, 
Mr. John Gerrish and Mr. Nicholas Noyes. 

Proceedings before the council: "Wee whose names are vnder 
written doe heareby Testify and declare that wee doe fully con- 
sent and agree vnto the couenant and agreement Contracted 
and made beetwixt M' Parker our Reuerend Pastor and M' 
Woodman and the Brethren that are with him that is to say 
that the sinod boocke called the platforme of discipline with the 
other four articles shall bee our rule in the church of newbery 
for our practice in all our Church administrations because wee 
take it to be an Explanation of the scripture and a rule agreed 
upon is a meanes to avoide all future deuisions and contention 
wee mean the agreement made beefore and by the help of the 
messengers of nine churches contained under fiue articles sined 
under the hand of the moderator and scrib of the assembly in 
witnes thereunto, in witnes hereof wee haue under set our hands. 

*' Articles of accomodations beetwixt M' Parker of Newbery 
and m' woodman and the brethren with him mutually agreed 
upon beefore the Council at newbery Aprill 22 : 1670 : 1. that 
the platform of discipline established by the generall court prac- 
tised by the churches of newengland sheJl bee the rule or standerd 
of the congregationall way acording to which the church of new- 
bery doe resolue both pastor and breathren to act in all church 
administrations. 2. that all matters of contrauersy beeing 
considerabell and of moment not issued beefore the pastor or 



362 IPSWICH QUARTERLY COURT [Apr. 

elderes to mutiall satisfaction of partis consemed that bee brought 
to the church according to the rule of the saide platforme. 3. 
that they who are propounded for admission into the church 
shall stand and some considerabell time at least afourtnight 
and publick warning giuen one the lords day when they are to 
be admitted. 4. that noe difference shall be made in admission 
of members into the chrnrch upon acount of their differanc of 
Judgment as to the congregationall way pro or con the persons 
beeing orthodox and of good conuersation. 5. that when the 
prouidenc of god shall giue us opertunity of regular call of any 
other officer it shall bee attended by the church according to 
what is laid down in the sayd platform of dissipline chapter the 
eighth. Thomas Cobit, moderator, Antipas newman* scrib. 

''Honored & Reverrent friends: This is as an Addicon to our 
first request. That in Case you will not bee pleased to CanseU 
w^ you haue signed ag^ us, yet to give us liberty to spake to that 
case before any other thing bee brought in Agitacon." 

Defence of those accused Wm. Titcumb, Caleb Moodey, 
Samuel Plomer, Steven Greenleaf, Rich. Bartlet: "If we be a 
Church of Chr. according to order, then It is Lawfull for a Brother 
to Complain to ye Church Against any Brother y* doth offend: 
Then 2^^ It is Lawfull for y Church to Hear & Judge. 3^' 
Then It is Lawfull for two Brethren also to signe an act of jr* 
Church as witnesses. 40^) Then it is Lawfull for y«°* to send 
Messengers to M' Parker or whom It may concern: (5^^ Then 
It is Lawfull for y™ to Meet as a Church together. (6*^) Then 
It is Lawfull for y" to elect a ruling elder or elders. But we 
hope y* Honoured Court wil Convinc v sthat we haue broken 
some standing Lawe or Lawes that were made by y^ Generall 
Court before they blame us; for we doe not account our selues 
well dealt withall by y« Author of these queries & ye Declaration 
whom we Leave to y* Lord. Lastly we doe profess our selves 
to be y« servants of god, & faithfull subjects to y* Comon wealth, 
Louers of magistrates & ministers & all y* Churches & people 
of y* Lord; & doe not willingly erre from any rule of god nor of y* 
Commonwelth but we trust such as shall be found faithfull," etc. 

"Such as we desowne for riguler members of the Church of 
newbery: 1. M' Woodbridg that was one that Joyned at the 
Joyning of the Church at andiuer and pastor many years and 
neuer desmist from them to vs nor recomended that wee know. 
2. M' heill neuer desmest nor recommended to us. 3. richard 
petinggell neuer desmest to vs that wee know if hee was hee 
may fech his desmision from Salem. 4 danell pearse sen' neuer 
desmist from watertowne as wee know. 5 Jams Smeth and 
John Smeth who being propoimded to y^ church to be admeted 
by a priuat examinasion but denied by the church yet without 
any further notis giuen to the church vpon a lektur day of m' 

*Aatograph. 



1671] RECORDS AND FILES 363 

woodbridg when thar ware asembld but about therty of the 
church that they ware admeted unknowne by the church in 
GeneraU that ther was such acting entended/' etc. 

Wm. Titcumb,* Caleb Moodey,* Sam. Plomer,* Steven Green- 
leaf* and Richard Bartlet* gave their reasons for their actions 
being r^ular, according to ecclesiastical laws and liberty, to the 
covenant and to the scripture rule and example: ''wee would 
humbly desire you to Consider y* y« major part have y« con- 
cluding power in all y^ government & orders in this common- 
wealth in our highest court in y^ Court of assistants, in y^ county 
Courts, in commissioners courts, among freeman in their meet- 
ings, by Townes in their meetings, by military commissioners 
in their societyes, so in choice of all officers from y« Govemour 
to y^ constable & way wardens, Also in synods in Coimcills, 
in all churches in N. E. that we know, & how it is come to 
pass y* y* poor church of Newbery amongst all y* thousands in 
N. E. shoidd be opposed in their Lawfull Libertye in this Kind 
we cannot but a little wonder. And that It should be com- 
mended to this court's consideration whether we are not a people 
y^ goe about to set up a new government because we act or 
allow y* act of y* major part of y* church to be authentick, to vs 
seemeth to be an objection new coined by such as might as well 
say a church hath no power or priviledge, whether they be major 
or minor or y« whole," etc. 

Bill of charges for the witnesses, Mr. Hills, Capt. Gerrish, 
Richard Kent, Daniell Peirce, Nicholas Noyes, John Knight, 
Richard Knight, Tristram Coffin, Nathaniel Clark, Anthony 
Somerby, Abiel Somerby, Henry Jaques, James Jaclanan, Wm. 
Mors, and Wm Chandler, total, 51i. 6s. 

Copy of the request presented by Mr. Woodman to the coun- 
cil, Apr. 19, 1670: "The Majo' part of the Congregation doth 
in all Humble wise desier this Honno'ed & Rev^ Assembly to 
take into their serious Consideration our sad & distracted con- 
dition who have spent twenty-five years & more in uncomforta- 
ble & unprofitable contention & divission, whereby god hath 
been much dishonnoured Religion much disadvantaged our 
soules much impoverished, & our credit as a church much im- 
parrd, defaimed through the Country for an unquiet people & 
irreconsiled by the long continuance of our difference & discen- 
tion, & now of late the cry hereof hath bin more loud in the eares 
of the Churches then in former times which produced this effect. 
The messengers of nine churches are come to see whether things 
are amongst us according to the cry that their eares were filled 
with all. Whom wee doe heartyly wish y* God would make instru- 
ments for the settlement of peace & truth amongst us & so throw 
downe the strong hold y* Sathan hath erected against us. For 
the obtaining of which end our impartiall request to this Rev^ 

^Autograph. 



364 IPSWICH QUARTSRLY COUBT [Apr. 

Assembly is That the ground & causes of our long discentions 
may be throughly inquired into. Amongst Physitians it is a 
Maxim y^ when it is knowne what the disease is & when it is 
settled it is halfe cured. Our earnest desire is that you would 
grant us three things first That you would cancell any hand 
writeing signed by yourselves agst us — our case not being heard. 

"Second^ That you will bee pleased to heare our case & give 
yo' advice not as a coimcill wee haveing had no hand in your 
call, but in an orderly way the hands of two thirds of the church 
lifted up agst it. But as Hon'^ & Revd. bretheren giving us yo' 
advice tendring our sad & soUemne estate. Thirdly That you 
will lay aside all prejudice agst. us which you may receive by 
so many private informations & instigations agst us, & now 
begin to heare what both parties can say for themselves, as to 
the case in hand as if you had yet heard nothing concerning the 
same. It is no small trouble upon our spirits yt wee should be 
so ill resented hearts & so ill spoken of amon^ many godly & 
Rev^ persons (as wee conceiue) without any just Cause at all 
as unto man; Especially when wee consider the pretended cause 
which is from some grand defect in matter of ReUgion as a people 
declined & f alne from something therin w^ maketh our persons 
offensive & out of favour with many, if there bee any thing of 
yt nature of w^ wee are guilty it must bee in matter of faith or 
in church order as for matters of faith wee know not wherein wee 
differ from the godly in gennerall what church order so ever 
they are under. 

''As concerning church order or discipline wee know not what 
may bee against us, for wee wholly owne that w*** the New-Testa- 
m* doth clearly hold forth as the mind of Christ to his church: 
That w** the Gen. Court hath established For the synod booke 
wee owne the substance of it Wee owne m' Hookers Pollicy m' 
Mathers Catechisme m' Cottons Keyes for the substance of it, 
That w*** the churches hath practised in Gen. with a J03mt Con- 
sent as fare as wee know. Yea that w^ hath been New-Englands 
glory, in which god have come neerer to ym then to any other 
people. And the way w*** the scriptures both of old & New- 
Testament, doe proue to bee the instituted way of gods appointmt 
for his churches to walke in. But indeed wee haue cause to 
doubt y^ the offence agst us here at home is because wee abide 
constant to those principles & will not tume Presbeterians. As 
for our Controversy it is whether God hath placed church power 
in the Elder or in the whole church to Judge between truth & 
erro' right & wrong, brother & brother & dl things of church 
concernment. It is denied that the fratemyty have anything 
to doe with it but the minest' only, & if his determination bee 
not approved of the persons agrieved may appeale to all the 
minesti^ in the Coimty. And it is come to y^ passe that such 
as doe not consent hereto are Corathites & like the sonns of 



1671] BECOBDS AND FILES 365 

Ely that make the holy things of God to bee despised, & vpon 
thiis ground is our devision & contention, Principles preached & 
endeaurd to bee practised on one contrary to another have made 
two sorts of profess's contrary one to another wherby wee differ 
almost in all things in chiu*ch & towne affaires And yet wee that 
to this day have stood unmovable to those principles proved 
by the scriptures in bookes of controversy, in cattechisms by the 
synod by the Ek;cleseastical lawes confirmed, & approved of by 
the practise of all churches in Gen: are tost up & downe by the 
mouthes of some unworthy persons to be a company of decliners 
to Levellissm to M orreUaiiism & are a people that nothing will 
sattisfy. 

"Thus having opened to this Honn'*^ & Rev"* Assembly in 
Gen. the state & Condition of this poore destracted congregation, 
Our earnest desire is yt you will bee pleased to apply yo' wisdome 
to the uttermost for our healing, & not conceiv y^ a slight plaistr 
will heale us, for our wound is festered our desease is rooted, 
God did once complaine that the wound of the daughter of his 
peo. was healed sleightly & so it brake out againe. Consider 
wee beseech you yt to heale breaches & repaire desolations in 
churches is not a worke of an inferior nature, for if peace makers 
shall bee called the children of god, it doth greatly conceme 
you to improve your tallents & the opportunyty god hath put 
into your hands to make peace & truth to dwell together in this 
poore disturbed congregation. The w*** y* you may doe the god 
of peace Guide both your hearts & lips to create peace for us, 
so shall wee record you in hearts & acknowledge with our lips 
to the prayse of god yt under himself e hee hath delighted to make 
you instruments of our peace & repairers of the breach in 
this congregation/' 

Copy of answer from the coimcil, asking if they will submit 
to their advice, and reply in the affirmative. 

Judgment: Court having found that the ''accusations were 
many and heavy, and that they had many matters to charge 
upon m' Parker & those adhering to him, which they had neither 
time nor opportunity upon the suddeine to prepare, the court 
not wiUing to surprize them and desiring fuUy to understand 
the whole state of a case so extraordinary & of so high a nature 
adjourned to the 18 of April allowing them copies of the charges 
exhibited against them, and advising them to prepare their 
objections agst m' Parker and those with him, and to acquaint 
them with the same that they also might be in a readines to mak 
their defence at the adjournment, & the court then might clearly 
understand upon hearing the whole case, and according to the 
merrit thereof giue judgment; The Court meeting at the day 
Af oresd after a full hearing It did appeare that m' woodman 
m' Dummer william Titcomb and others adhering to them (not 
appearing to be the major part of the church of Newbery Al- 



366 IPSWICH QUARTERLY COURT [Apr. 

though the major part of such as mett together) haue proceeded 
to a£nonifih their pastor m' Parker and to suspend him from the 
exercise of his office, as appeareth by their act sent imto him 
the s^ m' Parker & signed by m' Dummer & Richard Thoriy, 
2 That the s'' Woodinan & partie as abous"^ did proceed to elect 
two ruling elders viz m' woodman himself e & m^ Dumer appoint- 
ing a day for their ordinations 3 that this censure was passed 
agst their Pastor upon the complaint and sollicitation of m' 
woodman and that the s'' woodman had openly published several 
falshoods to animate his parties (*which lay under some dis- 
couragementy by the judgment of a council declared agst such 
there irregular acting) and to exerperate them against m' Parker, 
who before and at that time of meeting wherin they suspended 
him, to prevent so great an euil & scandal did advise them as 
became bis place and office and intreate them to joyne with him 
& those brethren adhering to him to call a council to heare there 
differences engaging himselfe to be concluded thereby, which 
was not attended by the s** woodman & parties but they pro- 
ceeded to act as aboues**, for the defence of which high irregular 
practices unheard of in this countrey, exceedingly scandalous 
& reproachful to the way of the churches heere establ^hed destruc- 
tive to the peace & order of the gospel, threatning the mine & 
dissolution of all order They haue alledged nothing but that they 
were the major part of the chh, not charging much less prouing 
any offence giuen by their Reverend Pastor m' Parker, who for 
anything that doth yet appeare is altogether innocent, though so 
exceedingly scandalized reproached and wronged by m' wood- 
man & his parties AU which clearly & imdeniably appearing by 
the papers, pleas, and euidences that are on file. The court as in 
duty bound being sensible of the dishonor to the name of god 
to religion heere established as also the disturbance of the peace 
the scandalizing of a venerable pious and loving pastor and an 
aged father, cannot but Judge the s'' woodman m' Dumer willm. 
Titcomb & the parties joyning with them guilty of very great 
misdemeanors tho in different degree deseruing severe punish* 
ment, yet being willing to exercise as much lenity as the case is 
capable of or may stand with a meete testimony against such an 
offence which we are bound in duty to god & our consciences 
to beare, wee doe hereby adjudg the s** m' woodman & partie 
adherring to him to pay the seueral fines under written together 
with the charge of the witnesses and fees of court and that they 
shal aU stand comitted till the s"^ fines charges & fees be satisfyed 
& payd." 

Mr. Woodman was fined 20 nobles; Mr. Dumer, Richard 
Tharley, willm. Titcomb, Archelaus Woodman, Stephen Green- 
leafe, Samll. Plumer and Richd. Bartlet, 4 nobles each; Francis 
Plummer, John Emery, sr., John Emery, jr., Jo. Merril, and 
Tho. Browne, a mark each; Nicolas Batt, Antho. Mors, sr., 



1671] RECORDS AND FILES 367 

Sarah Warr was ordered to be whipped upon her presentment 
for fornication. 

Hanah Johnson, for her great offence in suffering a young man 
to lie with her, was fined. 

Mr. Thomas Gilbert, complained of for many reproachful and 
reviling speeches against the court and divers other persons, his 
auditors, both in his sermons and prayers and at other times, 
court ordered that he be sharply admonished to forbear to vent 
his distemper to the scandal of persons and dishonor of God and 
profanation of his ordinances. Further, if he should find him- 
self unable to demean himself more soberly and Christianlike, 
as becomes his office, they '' do thinke it more convenient for him 
to surcease from y exercise of any publick imployment."* 

Abrah. Tappin, Willm. Sawyer, Edward Woodman, jr., willm. 
Pilsborrow, Caleb Moody, Jo. Poore, sr., John Poore, jr., John 
Webster, Robt. Coker, John Bartlet, sr., John -Bartlet, jr., Joseph 
Plxmmier, Edward Richardson, James Ordaway, Tho. Hale, jr., 
Francis Thorley, Edmund Moores, Abra. Merril, Benj. Lowle, 
Jo. Baily, Job Pilsborrow, Benj a. Rolfe, Jo. Wels, Steph. Swett 
and willm. Ilsly, 13s. 4d. each. 

•Complaint of John Gould, t dated Sept. 27, 1671, against 
Mr. Thomas Gilbert of Topsfield: "Impri. that r 23 of Apriell 
haueing bin by y^ Court Censured for sundery miscarriages, to 
which censure religon, yea reson mite haue perswaided a wise 
man to have submited, and to haue let his infamy haue died by 
degrees: Yet not content with y« Courts sentence, hee by papers 
afl^ed to y« meting hous doore, deserted his office, left y* Con- 
gretion and Church for three saboths destitute, refussed to Com 
to, or to sufer y* Church to come to treat with him about his 
disorderly abdicasion of his ministry: vnles the Church would 
Ingage to take off from him y odiimi of y* Courts sentence which, 
hee said rendred him a scandalous person: and unlesse y* Church 
would subscribe to a wrighting, testifeing that thay neuer hard 
him speake againts Athority, which, with a good Conscience 
many of y^ Church could not doe 21y he has, oft since that time, 
upbraided y^ Church, and others, with Complaing againts him 
to y* Court, for toyes, and trifles: things not worth taking notice 
of; by which words wee Conceiue him to haue blemisht y« Court 
allso who for thoss toyes sentencesd him so seuerely, as hee Com- 
plains of 31y in y* pulpit, frequently vindicates himselfe as Inno- 
cent, both in preaching, and prayers, as if persecuted for doeing 
nothing, but designing y^ Glory of god, and salvation of our 
soules Laying y^ fait of his irregular actings on y Church, but 

t Antograph 



368 IPSWICH QUARTEBLT COURT [Apr. 

not proueing in vs any fault but tirannically threatening us from 
out of y^ pulpit, with complaining to authority again & them 
that desier hun to shew them how y^ Church was in fait and 
imperiously Commanding them silence yea such silence that 
they neuer speaks word publiquely more. 

''41y nameth some of his opposites by their proper names, to 
y^ making of them a Reproach to smne Ignorant ones: naming 
them John, Thomas, Thomas, John, apon pretence of A minis- 
teriall power so to doe: Sly After many shuch prouocations and 
prophanations of y^ Lords day and ordinances, not a pointed to 
giue ministers opportimity to vent their malice a gaints their 
hearears, but to indeauor theiar Conuertions, and saluation; hee 
tel vs plainly that as hee hath done So hee will doe: and if wee 
mesne to haue him for our minister wee know what wee must 
trust to These, and Innumerable such Like, put vs out of all 
hope of obtaining peace, or of attaining his amendment, and 
y* furtherance of gods Glory, and our Saluation Yo*^ worships 
petitioner therefore Hmnbely Requests Yo' Worp* Justice, for 
y^ Freeing of vs from such an intollerable burden, and vexation." 
Wit: Mr. Will. Perkines, Thomas Baker and John Commings. 
Wm. Perkins, sr.,* and Thomas Baker* were ready to depose 
the same, if called. Sworn in court. 

Court's judgment: "wee are very sorry that our advice to 
m' Gilbert the Last court at Ipswich hath not beene attended 
& cannot but take notice upon this occasion of the complaint of 
his two great propensity to exceede the bounds of sobriety 
especially in a minister and that in his sermons to vindicate A 
justify himselfe w^^ prouking reflections upon others and therfore 
cannot but this second time reiterate our advice and admoni- 
tion," etc. 

The complaint of Tho. Gilbert, the minister of Topsfeild in 
behalf of the country against Sara Gold, wife of Ensigne Gk>ld 
of Topsfeild: ''The complainant hath long borne in his breast, 
the rash, and unadvised Oath of Goodi Gold, w^ shee took in this 
honored Court, in May last, 1670, and hath lamented befor 
God: and w® (w^ some other things) did occasion your com- 
plainant to declare against lying, slandering, and rash swearing 
befor Magistrats: God knoweth I was afraied by sinful silence 
to partake of other mens sines: I had put in this complaint befor 
this tyme, had I considered that the oath I took when I was 
made a free man bound me to it, w® I never thought of, til lately 
a freind of myn told me, that I was bound to bring forth the 
truth light: so that now I can no longer forbear: Ther are two 
things I would intreat your Worships befor any sentence passe 
against me: first to compair hir Oath, w^ the Oath of Goodie 
perkins, taken att the same t3rm, and if they do not clash one 
against another, I am much mistaken: secondly that you would 

* Autograph. 



1671] RECORDS AND FILES 369 

take the paines seriously to compair hir oath w^ the depositions 
of such as are alreadie sworen in behalfe of the country, especialy 
that then satt next me, and observed my cariage then, as they 
themselues confesse: And I desyre your Worships would take 
myn owen oath, and deposition in behalfe of the country if you 
think fitt, and then do as the Lord shall perswade your hearts." 

Sara Gilbert's testimony for the coimtry against Sara Gould: 
"Whearas Goody GotJd in the begining of May last: took a 
wicked false oth, against M' Gilbert as tho he was drunk with 
the sacrament wine, I know and can safly take my oth in be- 
half of the country that she wronged him greiviously in sundry 
perticlars I tould her (after I heard the paper read in court) to 
take heed how she swore to that paper, and she frowned upon 
me; and went straight to swear whear-upon, I (allmost tremb- 
ling) cried out (as some may remember) to the magistrats besech- 
ing them not to put her to swear knowing certainly that it 
was false and that his distemper then upon him was not with 
drinking; it hath taken him somtims when fasting, somtimes 
with could geting or befor rainy weather, being much spent in 
good work: I am sory that not only he but the country is much 
abused by fals reports: I know its the first time he had the Cup 
in his hand, he did not drink any at all, when the Cup had gon 
about, it came to me, with 2 or 3 spoonfulls at most which wer 
all that M' Gilbert drunk. I saw it; and also she swore that 
he sunk doun in his Chair, and looked dim with eyes, all w^ with 
his stmnbling as he went to the meeting, is utterly fals: I fol- 
owed him, and Thomas Perkins all the way we saw no such 
thing, M' Gilbert is well knowen by some in New-England & 
never to have been inclined to the sine of drunkenes, but to have 
lived soberly and godly-ly, as his certificate do witnes." Sworn, 
13 : 2 : 1671, before Wm. Hathome,* assistant. 

Old Johannah Towne, deposed, in behalf of the country, that 
"I was att dinner att M***^ Gilberts table, that sacrament day he 
was distempered, and sat next to him on his right hand, and 
though some report that he drank too much of the sacrament 
wyn: then, and that therupon that his eyes grew dimm and that 
he sank doune in his chair, yet I beleeve he is wronged, for I 
that then sat next him, saw no such matter: the cup is but little, 
and was not ful att first, and I am sure that I drank some of it 
and that it went round to others: And I can saifly take my oath 
that though our minister had the cup twyce in his hand, yit the 
first t3rme he drank not one drop of it, but gave it out of his 
hand to Thomas Perkins, bidding him give it to me, for I needed 
it mor then he, being older, when the cup had gone about, it 
came into his hand the second tym, and I am sure ther could 
not be much in it then (it may be two or three spoon-ful) and 
that he drank so far as I saw, att the table att dinner, he was 

* Autograph. 



370 IPSWICH QUARTERLY COURT [Apr. 

Thomas Johnson, presented by the grand jury upon a com- 
mon fame for selling strong waters to the Indians, pleading not 
guilty and putting himself upon trial by jury, whether he did 
sell or no. He was found guilty of selling two quarts to the 
Indians, and was sentenced to pay 81i. for selling. Also fined 
for perjury, bound to good behavior and disabled for giving 
evidence. John Perly and Edmond Bridges, jr., sureties.* 

moderat both in eating and drinking and knew what he sayed 
and did, and this I can saifiy testifie upon Oath." Sworn, 18 : 
2 : 1671, before Wm. Hathorne,t assistant. 

John Gould deposed that soon after m' GUbert come from the 
Court from ancring to this presentment that he did say in sarmon 
that thay y^ sat to Judge would say et was the scotties blod and 
y« scoties fumes that fumeed up into his head, and if y® godly 
did speake for them selues what doe y*^ threat the Court but if 
euer thay doe Come to heauen thay shall bles god that euer thay 
did see y* Scot man and this I did vnderstand to be in refarence 
to y* Court: and the rest of y* heads as et is wrightten in y* 
Complaint to ye beast of my remembrance there is nothing in 
3^ Complaint but what I haue hard in the pulpit one the Saboth 
dayes touching the charges Consaming the men of ye world I 
did vnderstand et to be the Court becase I did not know any 
eles that did Judge or Condeme further this deponent saith y* 
m' Gilbert did use the words of being gaged at that time after he 
came from the court when he spake of Scottich blood & scottich 
Fumes." Sworn in court by deponent and Sarah Gould. 

♦Nicholas Holt, aged about sixty-three years, deposed that 
sometime in October or November last, hearing of a rumor in 
the town that his son-in-law Thomas Johnson had sold strong 
Uquors to the Indians and had taken an oath to clear himself, 
he went to his house to speak with him about it, but he not being 
at home, deponent discoursed with his wife about it. He told 
her that he heard her husband carried bottles of Uquor to the 
Indians. She replied that there was a great deal more made 
of it than there was cause, and that she knew of only two or 
three quarts that he sold them. Sworn, 11 :2:1671, before 
Simon Bradstreete.f 

Ens. Tho. Chandler, aged about forty-three years, deposed 
that about the time that Thomas Johnson was at Cambridge 
about his selling strong water to the Indians, deponent was 
speaking with John Johnson, father of said Thomas, who told 
him about what Thomas's wife Mary said. Also that Thomas 
told deponent that he carried up two bottles to the Indians, and 
that there was nothing in them, but he carried a bottle of liquor 

fAutograph. 



1671] BECORDS AND FILES 371 

Edward Bayley being cast away at sea upon the coast and 
dying intestate, Mr. Samuell S3anonds and Major Genrll. Deni- 
son, on May 29, 1671, granted administration upon the estate 
to Thomas Beere, who was ordered to bring in an inventory to 
Salem court. 

in his pocket and gave the Indians a dram and they gave him 
another. Sworn, 11 : 2 : 1671, before Simon Bradstreete,* 
assistant. 

Jos. Ballard, aged about twenty-six years, deposed that if he 
gave a dram or two to the Indians, what was that to any man? 
Sworn, 12 : 2 : 1671, before Simon Bradstreete.* 

Joseph Wilson, aged about twenty-six years, deposed that 
some time the last harvest, he sold two bottles to some Indians 
whose names he knows not, which bottles they left at Thomas 
Johnson's. Some time after, deponent went to borrow a bottle 
of said Johnson, who lent him one of those bottles. He also 
gave deponent another ''which his brother made to bring him 
some strong liquors from Ipswich, whither hee was goeing but 
getting noe liquors there, hee left one of the s** bottles w*** his 
brother for his owne use, & there it remaines still for ought hee 
knowes the other hee sold to yong Tho. Burage att his retume 
Tho. Johnson was pvoked & angry that hee brought him no 
liq's & s*^ hee should not haue had his horse but vpon y* ace* 
the next day as hee thinks it was the said Johnson came to him 
to borrow a bottle & s^ hee was in great want of it & must haue 
some, soe not haueing one of his owne hee lett him haue one of 
his Fath' Loveioyes & w^ w*** & another hee went to Newbury 
as hee s^ to fetch liquors the next day hee mett him comeing 
home not farr from his shopp & being something in a sack be- 
hinde him knocked on the head of a bottle, w**^ hee pceiu^ was 
full & further sayeth y* one of the bottles found w*** the Ind. & 
now brought to Andou' is y* bottle w**^ hee sent him." Sworn, 
12 : 2 : 1671, before Simon Bradstreete,* assistant. 

John Lovejoy, aged about forty-nine years, deposed that the 
said Johnson being very angry that he had brought him no liquors 
from Ipswich said it would be 40s. out of his way for they stayed 
for it, "cliping his words as it were in y* speech," etc. Sworn, 
12 : 2 : 1671, before Simon Bradstreet.* 

Willm. Ballard, aged about fifty years, deposed that being 
at Mr. Hinchman's and discoursing about Tho. Johnson, said 
Hinchman said he did not question that he sold to the Indians, 
and sat upon and delivered to this deponent a bottle which he 
said he htui from the Indians to see whether it would be owned 
at Andover. As yet he had foimd no owner, etc. Sworn, 12 : 
2 : 1671, before Simon Bradstreete.* 

^Autograph. 



372 SALEM QUABTEBLT COURT [JuDfi 

CouBT HELD AT Salem, 27 : 4 : 1671. 

Judges: Mr. Siioond Bradstreete, Mr. Samuell Simoiids, Major 
Darnell Deoisson and Major Wm. Hathome. 

Jury of trials: Leift. Geo. Gardner, Natiiaoll. Felton, Samudl 
Pickman, Mannase Mastone, John Clifford, Capt. Jajnes &iiitli, 
Marke Bachelor, James Hughes, John Hill, Mr. Thadeus Riddan, 
Robert Burges, John Bread and Sei^. Fuller. 

Joseph Phippen, warned to serve on the jury of trials and not 
appearing, was fined. 

William Bartoll, beii^ one of the grand jury and not appearingi 
was fined. 

John Godfery v. Hen. Skerry, marshal, being deputy marshal 
for Marshal General Michilson. For not levying an execution 
according to law. Verdict for defendant.* 

John Johnson, aged sixty-seven years, deposed that he never 
heard his daughter Mary Johnson say that her husband sold to 
the Indians, etc. 

*Writ: John Godfry v. Henry Skerry, marshal of Salem, deputy 
for Marshal General Michelson; for not levying an execution 
granted by the Court of Assistants at Boston, Sept. 18, 1668, 
upon Abraham Whitacre of Haverhill; dated May 8, 1671; 
signed by Anthony Somerby,t for the court; and served by 
Edward Grove,t constable. 

Execution, dated Boston, July 5, 1669, against Abraham 
Whittacre to satisfy judgment granted John Godfrey at the 
Court of Assistants at Boston, Sept. 18, 1668, without signature, 
and served by Henry Skerry, deputy for Edward Mitchelson, 
marshal general. Copy made by Edw. Rawson,t secretary. 

Abraham Whiticker deposed that John Godfry promised to 
pay 5s. for the marshal of Salem to Daniell Ela, etc. Sworn, 
May 29, 1671, before Nath. Saltonstall,t commissioner. 

Marshal Skerry's bill of costs, 18s. 

Wm. Chandler, aged fifty-four years, deposed that being 
occasionally the past summer at Daniell Ela's house in Haverhill, 
Marshal Skerry levied the execution but could find no goods 
belonging to Whitticar. The marshal asked deponent to take 
charge of him while he considered with Godfrey what to do. 
Godfrey said to carry him to prison but the marshal told him 
he would not unless he paid him, which he refused to do. Where- 
upon the marshal took Whitticar by the shoulder and delivered 
him to Godfrey, and they went out of the house together "and 
turned the streete toward Hugh Sherratt's." Edmond Bridge 

fAutograph. 



1671] RECORDS AND FILES 373 

John Godfery v. Matthias Butten. Review of a case tried 
29 : 4 : 1669, at Salem court. Verdict for defendant.* 

deposed that Whitticar was told by Godfrey that he could get 
his diet at Sherad's, etc. Sworn in court. 

John Griffing, aged about thirty years, deposed that Skerry 
said that he h£Ki received no pay for transporting the prisoner to 
prison, etc. Sworn, May 29, 1671, before Nath. SaltonstaJ[l.t 

*Writ, dated June 14, 1671, signed by Hilliard Veren,t for the 
court, and served by John Will]ajaafi,t constable of Haverhill, by 
attachment of house and land, also an orchard and hop yard of 
defendant. 

Mathias Button's bill of cost, sending a man to Salisbury, 
going to town to Capt. Saltingstone, etc., 19s. 8d. 

The humble request of Matthias Butten :t that having been 
sued by John Godfrey "and I liing very sicke and weack for this 
great while soe that I ame not abell to doe anything nor to come 
to the cort the hand of god haue ben and is still soe vpon me 
that I humbly beseche the honnored cort to consider how un- 
justly godfry sues me out of my own county contrary to lawe as 
I conseve becas it will a peare by evedenc that godfry belongs to 
one town and County tharfor if he find him selfe agrev^ he 
should try in the same county war we both hue tharfor I humbly 
beseche the Court that your pore petechenore may haue Justes 
in the case as the lord shieJl derect you." 

Copy of record from the Salisbury court, 13 : 2 : 1669, con- 
cerning an action brought by Butten against Godfery, made by 
HilUard Veren,t clericus, from a previous copy made by Thomas 
Bradbury, cleric. 

Copy of the Salem court records of 29 : 4 : 1669, in a similar 
action, made by Hilliard Veren,t clericus. 

Matthias Button's account of what he lost by the fire when 
John Godfrey burnt his house: ye house it selfe wth ye Sellar & 
leantoe, lOli.; twelve acres of Indian come at 20s. ye acre only 
my family & my swine eat about 50 bush., 281i. 10s.; five hoggs 
worth 21i. 10s., each, 121i. 10s.; a bagg of Gotten wooll cost 91i., 
halfe of it was burnt, 41i. 10s.; one feather bed, one rugg, two 
blankets & six payer of sheets & 2 bolsters & one pillo, lOli. 10s. ; 
a great brass kettle, cost 40s. not long before, 11i. 10s.; a great 
Iron pott, 14s., an Iron kettle at 8s., Hi. 2s.; an iron skillett, 
a great one 5s., a brass skillett, 5s., 10^.; 2 great peuter platters, 
66., a new pewter pott, Ss., lis.; a brass ladQe & a brass skimer, 
3s., 2 porringers. Is. 4d., 4s. 4d.; frjnng pan, 4s., a musquet wth. 
a firelock, lU. 4s., Hi. 8s.; a sword & a payer of bandeleers, 2 
pound of pouder. Hi.; 16 pound of lead, 2s. 8d., box yt. would 
hold abought a bushell all most full of good linen of hollan & ye 

t Autograph. 



374 8ALEM QUABTERLT COURT [June 

like, worth 511.; a hat cost 24s., another hat worth I6S.9 21i.; a 
great chest wth. all there outward clothmg & shifts, 21i. 10s.; 
a great bruing tubb, & a great keeler & a great meat tubb, salt 
meat in barrUls, 13s.; tubb full of butter yt. would hold 2 fir- 
kins, 311. Is., a firkin full of butter at ye same time, IIL lis.; 
small things as spoons & dishes & trenchers, 2 payles & a gridiron 
& other things, 10s.; wollin & linen & a chume, 111. 66.; for ye 
loss of his owne time & wch. is ye most damage to his estate ye 
death of his wif occasioned herby, 2011.; 12 trayes, 12s.; a parcell 
of cabbages & tiumups, 30s., 211. 2s.; with double damage accord- 
ing to ye law page 31, 32, 11111. Is. Sworn, 13 : 2 : 1669, by 
said Button at Salisbury court. Copy made by Tho. Bradbury,* 
recorder. 

Abraham and Elizabeth Whittaker deposed that before the 
last Salisbury court, Matthias Butten sent for deponent to go to 
his house to write his daughter Sara's evidence to the inventory 
of what estate had been burned in the fire, but she could not 
make oath to all that he had set down. She said that as for the 
butter, her father had not a quarter of a pound in the house, as 
it had all been sold to the merchant for hats. Also, as for the 
hnen, they had only an old open box with a few cloths in it, and 
her mother had not so many sheets or so much bedding. Then 
Butten agreed to leave out the things she objected to, but he 
did not and said he could not swear to the Inventory as it stood. 
When they came to court, the Inventory had not been changed, 
and he swore to it after deponent had come away. The bedding 
had been seen since the house was burned. The last night Butten 
told deponent that if he swore against him, he would strike him, 
and also that if there were some thlng^ in the inventory which 
should not be there, there were some things left out which should 
have been in, so they might set one against the other. Sworn, 
Aug. 29, 1670, before Darnell Denlson. Copy made by Hllliard 
Veren,* cleric. 

Abraham Whltlker and Elizabeth his wife testified that many 
times the past summer John Godfrey tried to persuade them 
''with many fanning speeches" to make oath for him against 
Matthias Buten, sr., of Haverill. That said Butten had taken 
a false oath, that he had owned to deponents that his children 
made a fire and set the chimney afire and burned the house, and 
then, said Godfrey, ''I shall call Butten & setchall back againe''. 
But dcponentH refused to take a false oath if they should gain the 
world for it. He ofifered them 4011. and would agree never to 
sue them any more, and told his wife to say what she wanted 
"now in her need at lying in with child," he would get it for 
her. But through the great mercy of God they did not yield 
to the temptations, and Godfrey said he would follow them in 
law until he had undone them. Sworn, Nov. 29, 1669, before 

^Autograph. 



1671] RECORDS AND FILES 375 

William Raiment v. James Bette, administrator of the estate 
of Will. Ellet, deceased. For not giving a full and clear assur- 
ance of a house and land. Verdict for defendant.* 

Mark Hascall v. Edward Berry and Eliza, his wife, executrix 
of the estate of Roger Hascall, deceased. For refusing to give 
him possession or withholding his legacy given him by his father's 
will. Withdrawn. 

Edward Berry and Elizabeth, his wife, executrix of the will of 
Roger Hascall, deceased v. Mark Hascall. Trespass. For 

Nathaniell Saltinstone, commissioner. Copy made by Hilliard 
Veren,t cler. 

Daniel Ela deposed that he heard John (jodfray say that he 
abided in Havrlull and that his residence was at Thomas Lil- 
ford's house. Also deponents knew that he had spent much of 
his time in Havrhill since he was last in prison at Boston. Fur- 
ther, hearing a report that Godfray resided at Newbery at the 
house of Peter Godfray, deponent went there and inquired of 
said Peter and his wife, who told him that John lived at Havrhill. 
John Griffing testified the same, and also being the marshal gen- 
eral's deputy, etc. Sworn, June 24, 1671, before Nath. Salton- 
stall,t conmaissioner. Hugh Sherratt and Goodwife Sherratt 
deposed that they heard Goody Whiticker say that John 
Godfrey proffered her sheep's wool and cotton wool and also 
offered to pay her for her time as a witness for him. Sworn, 
Nov. 29, 1669, before Nathll. SaltonstaJl, commissioner. Copy 
made by Tho. Bradbury,t recorder. 

*Copy of deed, dated the last of Mar., 1662, James (his mark) 
Bette, of Wenham, husbandman, and Sarah (her mark) Bette, 
his w^e, to WiUiam Rayment of Salem, for 301i., a dwelling house, 
with an outhouse or hovill, and foiu* acres of land upon which the 
house stands, being all the land that belongs to said house, 
together with all the fences, which house was formerly William 
Ellett's, deceased, lying on Bass river side in Salem toward Wen- 
ham, bounded by the highway on the east, some land of John 
Leach's on the north and west and land of Edward Bishop on 
the south. Wit: John Batcheler and Robert Gowing. Copied 
from Salem court files by Hilliard Veren,t cleric. 

Copy of record of the Salem court, 29 : 9 : 1660, concerning 
the estate of WilUam Ellet, etc., made by Hilliard Veren,t 
cleric. 

Writ, dated Mar. 29, 1671, signed by Hilliard Veren,t for the 
court, and served by John Lovett,t constable of Beverly, by 
attachment of a parcel of land lying in Birch plain between 
Zakery Herick and the common land. 

fAutograph. 



376 SALEM QUARTERLT cotJRT [June 

illegally taking away and withholding a heifer and steer. With- 
drawn.* 

Richard Moore, jr. v. Thomas Davis. For not delivering a 
bill of ladmg. Verdict for plaintiff.f 

Samuell Blanchard v. Andrew Allen. Review of a judgment 
obtained against plaintiff at the last Ipswich court. Withdrawn.! 

Thomas Cleark v. Samuell Benet. Debt. Forfeiture of a 
bond. Verdict for plaintiff. Court moderated the bond.§ 

*Writ, dated 21 : 4 : 1671, for withholding a heifer, steer, 
clothing and musket from the executrix, signed by Hilliard 
Veren,|| for the court, and served by Henry Skerry, jr.,|| deputy 
marshal, by attachment of the land of defendant. 

tWrit, dated June 6, 1671, signed by Jonath. N^us,|| for the 
court, and served by Rich. Wayte,l| marshal of Suffolk. Thomas 
Davisll and Edward Lilly || bound. 

Bill of cost of Richard More, jr., Hi. 4s. 6d. 

John Necke, aged about twenty years, deposed that he being 
mate of the ketch WiUiam and Mary under the command of 
Richard More, jr., delivered the goods to Thomas Davis by his 
own order in Barbadoes. Sworn in court. 

John Belcher, aged about twenty-two years, deposed that he 
also was under command of Richard More, jr., etc. Sworn in 
court. 

Copy of Thomas Davis' || order, dated Feb. 22, 1670, to Mr. 
Richard More, sr., to deliver to the bearer, Mr. Peeter Swaine, 
10 hogsheads, 24 barrells, 6 Kinterkins, 7 hundred barrell staves, 
3 hundred of heading, 6 oyster cask, one kegg, one empty barrell 
and one empty rum caske. Copy made by Hilliard Veren,;| 
clericus. On Feb. 24, 1670, Thomas (his mark) Sinbume re- 
ceipted for the goods. 

Copy of bill of lading, dated Boston, Dec. 9, 1670, of the goods 
before mentioned, bound for Spike's bay, Barbadus, freight for 
which was to be paid at the rate of 350 pounds muscovado sugar 
per tun, the cask and 300 pounds, the staves, headings and hoops, 
etc. Copy made by Hilliard Veren,|| cleric. 

{Androw Alin's bill of cost, 21i. 5s. 

§Writ, dated Apr. 5, 1671, signed by Robert Lord,|| for the 
court, and served by Benjamin Muzzy, | constable of Boston, by 
attachment of the dwelling house and salt marsh of defendant. 

Copy of Ipswich court record. Mar. 28, 1671, concerning this 
matter, in which Samuell Bennitt made default. 

Writ, dated 28 : 11 : 1670, signed by Jonath. Negus, || for the 
court, and served by Benjamin Muzey,|| constable of Boston. 
Bond of Samuell Benett.|| 

II Autograph. 



1671] RECORDS AND FILES 377 

Samuell Benett's defence: that he could not appear at the last 
Ipswich court, because "ther was an excessiue raine the day 
before, that neither my selfe nor my attomy could com in time, 
it being called the first after-noone of the courts sitting, and 
ther is a law, that noe person shalbe damnified more then comon 
charges, in such a case of an exstreeme hand of god that could 
not be foreseene nor preuented," etc. 

Account of Samuell Bennet, from the book of Tho. Clarke in 
1658: J\me 19, for beere and passage, 5d.; 22, for horse meat 
two nights, 8d.; July 3, for Bere and passage, 5d.; 5, for a quart 
of bere, 2d.; 9, for entertainment and passage, Is. 4d.; 10, for 
wine and bere and 2 pasages. Is. 6d.; 11, for horse meat and 
passage, 8d.; 15, for bere and wine and passage, lOd.; 19, for 
bere, 5d.; August 6, for bere and pasage, 5d.; 25, for a pint of 
wine, lOd.; 27, more for bere and horse meat and passage, Is. 
6d.; Septem. 24, for horse and passage, Is.; October 17, for horse 
meat and passage. Is. lOd.; 19, half a pint of wine and passag, 
8d.; more for entertainment and horse meat, Is. lOd.; novem. 
16, for a quart of wine and horse meat and horse provender, 
passage and bere, 3s. 2d.; 17, for a pint of wine, 9d.; Nov. 19, 
for horse meat, 2s.; 24, horse meat and bere, 4d.; Mr. Benet 
debtor in a paper, 21i. 28. 4d.; March 3, bere, horse meat and 
passage. Is. 2d.; horse meat, 3d.; 10, for entertainment in the 
house, 5s. 5d.; quart of burnt wine, 2s.; horsemeat, 4d.; quart 
of beere, 2d.; your son boud being upon your business for horse 
meat, 4d.; 20, for entertainment, horsemeat and passag, 3s. 4d.; 
April 6, '59, horse meat, wine and bere, 4s. 6d.; 14, horse meat 
and entertainment, 3s. 6d.; 27, the same, 2s.; May 27, enter- 
tainment and pasage, 2s.; 28, for hors^ meat, 3d.; June 4, bere 
to your sone, 2d.; June 10, for a quart of burnt wine and five 
nights your horse and passage, 3s. lOd.; 2 quarts of beer to your 
sone, 4d. ; 26, horse meat and bere, 8d. ; 2 quarts of bere to your 
son Sam, 4d.; July 6, for bere and passage, 5d.; 8, horse meat, 
6d.; 11, for 4 quarts of bere and passage, lid.; 13, a pint of wine 
and horse meat, Is. 3d.; 16, horse meat two nights and 2 passages, 
Is. 2d.; 2 quarts of bere, 4d.; 25, quart of wine. Is. 6d.; 30, 
horse meat and passage. Is.; entertainment, horse meat and 
passage. Is. 5d.; Agust 13, bere and passage, 5d.; quart of wine, 
horse meat and passage, 3s. ; quart of wine, Is. lOd. ; horse meat 
and passage. Is. Id.; Sept. 4, entertainment, horse meat and 
passage, 2s. ; quart of sugared bere, 2d. ; 7, entertainment, horse- 
meat and pasage. Is. 3d.; taken out of the day book. Is. 3d.; 
14 & 19 & 23, horse meat, passage, etc., 2s. 18d.; Oct. 4 and 15, 
pint of wine, horse meat and passage. Is. 6d.; passage and horse 
meat 3 nights. Is. 3d.; 27, a pint of wine to your son Samuell, 
9d.; and to yourself 9d.; 29, horse meat 2 nights and bere. Is. 
lOd.; Nov. 4, 26, and Mar. 4, '60, horse meat, bere^and passage. 



378 &\L£M QUARTERLY COURT [June 

Jon. Deverix and Robt. Knight, in behalf of the town of Mar- 
blehead v. Frances Johnson and Moses Maverick, selectmen in 
1663 and 1664. Verdict for defendant.* 

Benjamin Lowell v. Capt. William Geerish and Mr. Rich. 
Lowell, in behalf of themselves and the rest of the overseers who 
acted as executors of the will of Mrs. Eliza. Lowell, deceased. 
Verdict for defendant .f 



5s. 8d.; the same for your man, 8d.; Apr. 3-May 1, the same, 
5s. 2d. In this time for single passages, 52 in all, 13s.; more 
for bere and entertainment in the time of your Lameness, which 
was about six weeks, 61i.; court charges at Boston and Ipswich, 
lli. 10s.; total, 141i. 18s. Sworn in court. 

*Writ: John Devorix, Robert Knight and Samuell Morgaine, 
in behalf of the town of Marblehead v. Mr. Frances Johnson, 
Mr. Moses Maverick, Mr. Cristopher Lattamore, Lott Conant 
and John Codner, selectmen of Marblehead in 1663 and 1664; 
for withholding 271i. 17s. due the town by their defects; dated 
June 20, 1671; signed by Hilliard Veren,t for the court; and 
served by Nathanel Walton,J constable of Marblehead. 

Richard Rowland, aged sixty years, and Erasomus James, 
aged thirty-six years, deposed that being at a general town meet- 
ing at Marblehead, they heard the discussion about the rates 
which the selectmen had made and the sum of money that they 
were behind in their accounts. Mr. Moses Maverick solemnly 
agreed to pay the 271i., which was not much above one-half of 
what the town demanded, but the town seemed satisfied. Sworn 
in court. 

A meeting was held on June 21, 1667, when the former towns- 
men rendered their account. The rate for 1664 was 1241i. The 
present townsmen were Robert Knight,t John Devrix,t Eklmond 
Gale,t Richard Reed} and Samuell Morgan.} 

tWrit, dated June 20, 1671, signed by Anthony Somerby,} 
for the court, and signed by Richard Bartlet,} constable of New- 
bury, by attachment of the dwelling house and land of Capt. 
William Gerish in Newburey. 

At a General Court held at Boston, Oct. 20, 1658, in answer to 
the petition of Capt. Wm. Gerrish, one of the overseers of the 
will of Elizabeth Lowle, who asked that the court would order 
some means for increase and preservation of the estate for the 
benefit of the children or that he might be impowered to put it 
out on the best terms he could secure, taking security of the 
brother of the children of the said Elizabeth Lowle or others, 
court judged it meet to grant the request. Copy made by Ed- 
ward Rawson,} secretary. 

X Autograph. 



1671] RECORDS AND PILES 379 

Execution, dated 2:9: 1647, against the estate of John Lowle, 
to satisfy judgment granted Percifall Lowle at Ipswich court, 
28 : 7 : 1647, signed by Robert Lord,* marshal, who attached 
two parcels of meadow, two oxen, two steers, one yearling steer 
and two calves, also meadow and barley in Rich. Dole's hands. 

Benjamine Lowle's bill of cost, lli. 3s. 6d. 

Copy of Ipswich court record, Sept. 26, 1666, that there was a 
certificate presented by the elders and six of the inhabitants of 
Newbury that Benjamin Lowle and Elizabeth Lowle were of 
age and discretion to receive their portions given them by their 
father and mother, which was allowed. Copy made, Feb. 18, 
1666, by Robert Lord.* 

Anthony Somerby* certified that according to the town register 
of Newbury, Benjamin Lowle, son of John Lowle, was bom 
Sept. 12, 1642, and that Mr. John Lowle deceased July 10, 1647 
and Mrs. Elizabeth Lowle died Apr. 23, 1651. 

Benjamin Lowle* certified. May 7, 1664, that he had received 
of his uncle Richard Lowle 431i. 6s. 8d. in full for his legacies 
left by his father and mother; he also agreed that his said uncle 
should have the half acre of land, provided he pay for what 
buildings should be made and set up on it in case Benjamin 
should die or sell the land. Wit: Wm. Gerrish* and Elizabeth 
Lowle.* 

Percival Lowle, aged about thirty years, deposed that he saw 
Benjamin Lowle sign the acquittance. Sworn, June 26, 1671^ 
before Daniel Denison.* Samuel Lowle deposed the same. 

Susanna Tappan, aged about sixty years, deposed that her 
husband Abraham Tappan bought some goods which were Mrs. 
Elizabeth Lowle's at her decease, of the overseers, that is, one 
petticoat, a cradle, mantle and some other things which came to 
three or four pounds. Also that Tristram Coffin had some 
pewter which was Mrs. Lowle's. Sworn, June 23, 1671, before 
Robt. Pike,* commissioner. 

Letter of attorney, dated June 24, 1671, given by Richard 
Lowle* of Newbury to Capt. William Gerrish, Wit: Tristram 
Coffin* and William Titcomb.* 

Copy of will of Elizabeth Lowle, late wife of John Lowle, 
deceased, dated 17 : 1 : 1660, and proved by the witnesses, 
George Emery, Peeter Tappan and WilUam Gerish, 30 : 7 : 1651, 
in Ipswich court: "I giue to my sister Tappine one sute of my 
weareing lining as one forward cloth one coife one hand kerchiefe, 
I giue vnto my three sonns in law John Lowle James & Joseph 
ten shillings a peece; I giue to my sonn Beniamine one siluer 
cupp & three ealver spoones with one third part of the house- 
hould stufife; I giue to my daughter Elizabeth all the remainder 
of my househould stuffe childb^ lining and else weareing appar- 
rell, one silver Tunn, one siluer tipt Jugg, three silver spoones, 

* Autograph. 



380 SALEM QUARTERLY COURT [June 

one gould ring, one silver bodkin, two deskes, & the rest of my 
estate equally devided betweene my sonn Beniamine & my 
daughter Elizabeth, after my debts be satticefied with^ funeraU 
charges & else, I will that my Brother Thomas Millard, keepe 
my sonn Beniamin and his estate untill he goe forth to be an 
apprentice, & then to be plact fourth as my Overseers thinke fitt 
I desire my foure Bretheren to be my overseers namely my 
Brother! I Thomas Millard|| Rich: Lowle, Abraham TapfHne and 
William Gerish desireing them to see my daughter Elizabeth be 
brought up to her needle & what elce they Judge meete and to 
dispose of her, as I desire to such as are Godlye and meet to 
instruct my child in the feare of god In wittnes hearof I haue 
put my hand this 10th first month 1650 I will that if my sonn & 
daughter dye ere they come to age that then there portions be 
devided betweene my husbands cluldren John Lowle and James 
& Ben Mary A Peeter Lowle." Copy from the first book of 
records, folio 118 and 119, made Apr. 16, 1664, by Robert Lord,* 
recorder. 

Inventory of the goods of Elizabeth Lowle, widow, taken 
6 mo. 1651, and allowed 30 : 7 : 1651, in Ipswich court: Plate, 
91i. 158.; 4 rings, 24s.; a lane cubbord cloth & an croscloth, 
lli. 2s.; table cloth & 18 handkercifes, 21i. 5s.; 1 cubbord cloth 
and holland pillowbeers, lli. 17s.; 12 pillowbeers, 1 shift, napkins 
& table cloth, 31i. 4s. ; 7 aprons, 6 napkins, 1 table cloth, lli. 8s. ; 
8 Towells, 2 pillowbeers, 3 wastkoats, two napkins, lli. 128. 8d.; 
3 pillow beers, 6 diap. napkins, lli. 6s.; 2 napkins, 2s. 6d., 1-2 a 
table cloth and 1-2 a towell. 111. Ss.; 1 cubbord cloth, 20 napkins, 

1 paire sheetes, lli. 166.; 1 cushon & 1 cubbard cloth, lli. 12s. 6d.; 

2 greene aprons, Imuffe, lli. 10s.; 4 Gownes, blanketts & 1 pann, 
71i. 166.; small things in Iron, 13s. 8d., 1 bearing cloth, lU. 3s. 
8d.; 1 white cloake, 66. 8d., 1 red blankett, 4s., 10b. 8d.; 1 pr. 
wrought vallents, 21i. 10s.; 1 wrought cubberd cloath, lU. l(fe.; 
2 greene curtaines, 1 rydeing sute, 21i. 15s.; small things, 2ii. 
10s. ; debts, 981i. 7d. ; total, 1461i. 13s. Id. Copy made Apr. 15, 
1664, by Robert Lord,* recorder. 

Judath CoflSn testified that her former husband Henery Sumer- 
by bought five pewter platters, a mortar and two blankets, which 
with other things amounted to about five pounds. She could 
not remember of whom he bought the goods, but thought it was 
of Mr. Thomas Miller, and understood that they had belonged 
to Mrs. Loell, mother of Benjemen Loell. The platters were 
marked thus: IL, I^'L, I*G, I^G and IG. Sworn June 23, 1671, 
brfore Robt. Pike,* commissioner. 

Abraham Toppon deposed that he bought goods of Mrs. Elisa- 
beth Lowle at her decease, "a mowhayre petticote and a cradell 
and a mantell,'* etc., which amounted to 4U. He further testi- 
fied that his sister Lowle was possessed of a "turkish or tapstrey 

* Autograph. 



1671] RBCOBD8 AND FILES 381 

Peeter Tappan v. Mr. Joseph Hill. For injury done him by 
said Hill. Withdrawn.* 

Abraham Tappan v. Peeter Tappan. For trespasses forcibly 
committed by him and others upon said Abraham's land. With- 
drawn.t 

Couerled/' which she heard that Mr. Payne bought and gave 
five or six poimds for it. Also his sister Lowle had cows at the 
house of Goodman Lunt, and that Mr. George Emery of Salem 
had a feather bed and other things belonging to her to the amount 
of 81i. Sworn in court. 

Samuell Plumer, aged fifty-two years, deposed that he bought 
a parcel of childbed linen, two pillow beers and a pillow, to the 
vsJue of 51i., and paid interest for it to Mr. Richard Lowell for 
some years accor^ng to a bill given by his baud. Also that 
there was to be sold at Mr. Thomas Miller's a tapestry coverlet 
valued at four or five potmds, with a cubbard cloth and valance, 
which he had bought, but released them. Sworn, Jtrne 23, 
1671, before Robt. Hke,t commissioner. 

Receipt of Benjamin Lowle| to Richard Lowle for his legacies. 

An Hill, aged about fifty years, deposed that her husband 
Henry Lunt paid Mr. Miller at the rate of 20s. per year each for 
three or four cows of Mrs. Elizabeth Lowle's. Also that deponent 
bought a spit, an iron pick, some napkins and small pewter dishes 
to the value of about forty shillings. For these her husband 
gave a bill for six pounds for which he paid to Mr. and Mrs. 
Miller "use" for five or six years. Sworn, June 23, 1671, before 
Robt. Pike,| commissioner. 

Tristram Coffin, aged thirty-nine years, deposed that he paid 
Mr. Richard Lowell Sli. sterling for the debt which Hennory 
Somerby, his wife's former husband owed, etc. Sworn in court. 

*Writ: Peter Tappan v. Mr. Joseph Hills of Newbury; for 
injury done him about the beginning of April last, coming with 
his father and brother Jacob into the field to said Tappan, giving 
him provoking words, as ''saucie Jack & Jackanapes," charging 
him with being a rebellious son and that "the Rauens of the 
vally would put out his eyes & stirred up his father to beat him 
out of the feild & encouraged his brother Jacob in some violent 
actions, so that he was an Instrument to make the breach greater;" 
dated June 21, 1671; signed by Anthony Somerby,J for the 
court; and served by Richard Bartlet,J constable of Newbury. 

tWrit: Abraham Tappan v. Peter Tappan, his son: for 
sundry trespasses by said Peter and others by plowing, sowing, 
removing bound marks, etc., challenging the said lands with 
other adjoining lands to be his own, rendering right and title to 
his inheritance to be litigious and uncertain; dat^ Apr. 8, 1671; 

t Autograph, 



382 SALEM QUABTERLT COURT [Jline 

Abraham Tappan v. Peeter Tappan. For withholding lOOli. 
due piaintiflf for work, disbursements, etc. Withdrawn.* 

Abraham Tappan v. Peeter Tappan and Jane his wife. Slander 
or defamation. Withdrawn.! 

Benjamin Procter v. Joseph Weeden. Debt. Defendant 
acknowledged judgment to plaintiff to be paid in money.j: 

signed by Anthony Somerby,§ for the court; and served by 
Richard Barttlett,§ constable of Newbury. 

*Writ, dated J\me 16, 1671, signed by Anthony Somerby,§ 
for the court, and served by Richard Bartlet,§ constable of New- 
bury, by attachment of the dwelling house of said Peter in New- 
bury. 

fWrit: Abraham Tappan v. Peter Tappan and Jane, his 
wife; slander or defamation, in saying that said Abraham, his 
father, with his mother and his brother Jacob, had sold and lolled 
many sheep that were not their own, tending to make his father 
and mother liars and thieves and his father like Laban, which 
words were spoken with much arrogancy; dated June 16, 1671; 
signed by Anthony Somerby,§ for the court; and served by 
Richard Bartlet,§ constable of Newbury. 

Abraham Toppan, sr.,§ certified, Dec. 9, 1670, that he had 
received of his son Jacob Toppan 61i. 3s. for the use of his son 
Isack, which sum "my son Isack receiued of George March at 
new Jersey, & heare payde it againe to his father Hugh march, 
w*h sum is in pte of a legacy that my son Jacob is to pay before 
or after my death." 

Abraham Toppan, sr.,§ certified, Dec. 29, 1671, that he had 
received of his son Jacob Toppan 61i. for the use of "my son 
Isack Toppan w^h sum my son Isack had in a meare he had of 
daniell Murrill w^h sum is in pt of a legasey that my son Jacob is 
to pay before or after my death.'' The mare was delivered to 
his son Isack on Oct. 6, 1671, and "he did ride on her to New 
Jersey." 

Peter (his mark) Gkxifrey, aged about forty years, Thomas 
Lowle,§ aged about twenty years, Abraham Tappen,§ aged about 
thirty years, and John Tappan, aged about twenty years, deposed 
June 15, 1671, that Peter Tappan and Jane his wife, being in 
discourse with their father and mother and brother Jacob Tap- 
pan, about June 5, 1671, accused them, etc. 

{Writ, dated May 4, 1671, for a debt of 10s. for a horse, 
signed by Robert Lord,§ for the court, and served by Robert 
Lord,§ marshal of Ipswich, by attachment of a shop in Boston, 
belonging to defendant. 

§ Autograph. 



1671] RECORDS AND FILES 383 

Joseph Annitage, assignee of Samll. Benet v. Mr. John Bex & 
Co. and Mr. John Gifford, agent. Review. Verdict for defend- 
ant. Appealed to the next Court of Assistants.* 

Daniell Salmon v. The Town of Lyn. For a lot or proportion 
of land in Lyn. Verdict for defendant.! 



♦Writ, dated June 21, 1671, signed by John Fuller,} for the 
court, and served by Moses Chadwell,! constable of Lynn, by 
attachment of the house and land of Mr. John Jeffard. 

Copy of Ipswich court record of Mar. 28, 1671, together with 
writ, depositions, etc. in the case, made, June 24, 1671, before 
Robert Lord,t cleric. 

John Paule, aged about forty-five years, deposed that he lived 
with Mr. Samuell Benett about the time that the Iron works 
were seized by Capt. Sayagg in 1663, for "I lined ther seuerall 
years and my constant imployment was to repaire carts, coale 
carts mine carts & other workmg materialls for his teemes for he 
kept 4 or 5 teemes & sometimes 6 teemes & he had the most 
teemes the last yeare of the Iron-works when they were seased & 
my master Benett did yearly yeame a vast som from the sd 
Iron-works for he commonly yearned forty or fifty shillings a 
daye for the somer time & the year 53 as aforesaid he had fine 
or six temes goeing generally euery faire daye." Sworn, 27 : 
4 : 1671, before Wm. Hathome,t assistant. 

tWrit: Daniel Salmon v. The Town of Lyn; for a proportion 
of land in Lyn, he having been an inhabitant of Lyn nearly forty 
years and never had a foot of land given him, also having been at 
the Pequot wars, without recompence for it, although the town 
at town meeting promised to grant him land in satisfaction; 
dated May 25, 1671; signed by Moses Mavericke,t for the court; 
and served by Ralph King,t constable of Lynn, by attachment of 
six acres of Lyne common lying near Goodman Baily and Daniell 
Salmon. The constable left a summons with Thomas Farrar, 
one of the selectmen of Lynn. 

Copy of the record of a general town meeting in Lyim, Dec. 13, 
1661: "upon a request Of Daniell Salmon for some land in regard 
as he was a soldier att the Pequid warrs &c it was ordered by vote 
yt Ensign John Fuller Allen Bread Senior & Richard Johnson should 
vew the lande adjo3minge to his house lott and to giue report of 
it vnto the next Towne meetinge and the same psons were ordered 
to looke vpon Thomas Townsends fence next ye Brooke vpon his 
request, and to informe the Towne next meetinge." Copy made 
at Lyn, 27 : 4 : 1671, by Thomas Laughton,t cleric. 

John Hathome, aged about forty-nine years, and Joseph 
Armitage deposed. Sworn in court. 

lAutograph. 



384 SALEM QUARTEBLY COURT [June 

Mr. William Browne, jr. and Mr. John Corwin, partners v. 
David Joanes. Debt. Verdict for plaintiff. Defendant having 
gone out of the jurisdiction, judgment was respitted.* 

Robt. Goodell v. Gartrid Pope. For withholding or molesting, 
mowing and carrying away the hay on a parcel of meadow. 
Withdrawn.! 

Mr. John Ruck, administrator of the estate of Tho. Ruck, 
deceased v. Joseph Armitage. Debt. Verdict for plaintiff.} 

Alin Bread, sr., aged seventy years, and John Fuller, aged 
fifty years, deposed that the committee reported to the town 
that the grant to Daniel Salmon could not be made because it 
would be very prejudicial to several neighbors. 

*Writ, dated June 7, 1671, signed by Jonath. N^^,§ for the 
court, and served by Rich. Wayte,§ marshal of Siiffolk, by 
attachment of goods of defendant's in the hands of Mr. John 
Freeck in Boston. 

Mr. David Jones' account, dated St. Christopher's Island, 
Dec. 10, 1665, due to Mr. William Browne, jr., & Co., of Salem, 
merchants: to 10 Barrells of Beare at 151i. Indico p Barl., 15011. 
Indico; to 1 Barrell wch. wanted of Being Full of Beare & 1 gallr. 
more, lOli. Indico; to 3211. Fish att 2 ounce Indico p li., 4U. 
Indico; total, 164li. Indico. Per Contra Credr., 19 3-4 Indico; 
cash received, 121i. Indico; 1 qr. paper, l-21i. Indico, 3 qt. Beare, 
3-411. Indico; total, 331i. Indico. Balance, ISlli. Indico. 
Receipted by John Hathome.§ Sworn in court. 

Jno. Price, aged about twenty-five years, deposed that being 
present with Mr. Jno. Hathome at Jamaica, he saw the latter 
deliver the account to David Jones. Sworn in court. 

tWrit: Robt. Goodalle v. Gartride Pope, relict of Joseph 
Pope; for withholding or molesting, mowing and carrying away 
hay on a meadow of about seven acres, of which plaintiff had 
had possession for twenty years; dated June 19, 1671; signed 
by Hilliard Veren,§ for the court; and served by Henery Skerry, § 
marshal of Salem. 

JWrit, dated 12 : 4 : 1671, signed by Hilliard Veren,§ for the 
court, and served by Moses Chadwell,§ constable of Lynn, by 
attachment of house and land of defendant. 

Copy of Salem court record of 28 : 4 : 1670, in which admin- 
istration was granted Mr. John Ruck on the estate of his father 
Mr. Thomas Ruck, left at the decease of Elizabeth, the relict of 
said Thomas, made by Hillyard Veren,§ cleric. 

John Ruck's bill of cost, Hi. 12s. 6d. 

Bill of exchange: 

§ Autograph. 



1671] RECORDS AND PILES 385 

"Boston in New England y 19 Januy 1648 

"Att thirty dayes sight of this my second bill of exchange 
(my first & third of the same tenour & date not being payed) 
pay unto M' Thomas Ruck haberdasher att the Seauen starres 
on London bridge or to his assignes, the some of Thirty poundes 
sterl : & is part of the Legacy gjruen mee by my Unckle Richard 
Spencer & the payement heereof shalbee your discharge for soe 
much, at day, pray you make good payement & place it to act. 
I say pay SOU. : 00 : 00. Sign^ Michaell Spenser. The dyrec- 
tion is To my Louinge Cousen, M' Danyell Spenser Grocer in 
Friday Streete in London. 

" Know all men by these presents That on the Fifth day of y 
moneth of Aprill Anno Dom. one thousand sixe hundred & fifty 
at the request of John Ruck attorney of Thomas Ruck of Boston 
in New England Inhoulder I Josua Mainet Notary, and Tabellion 
publick, a^nitted & Swome dwelling in London, requyred M' 
DanyeU Spencer grocer in friday streete in London to pay the 
some of Thirty pounds sterling mentioned in the originall bill of 
exchange, whereof the Coppie is heer before written, in regard 
the requested saith hee hath scene the same Thirty dayes agoune, 
wheruppon the said DanyeU Spencer answered, that hee will 
pay noe monneyes nor haue to doe with the sayd bill of exchange, 
which answere the said Notary hauing heard haue at the request 
as aforesayd protested & doe protest by these p'sents for want 
of payem^ of the sayd bill of exchange & rechange & for all costs, 
damages Literests suffered & to bee Sustayned as weU against 
Michaell Spenser drawer, or subscriber of the sayd bill of ex- 
change, as against all others in the sayde exchange in any wyse 
bounde for to recouer all the Same of them, or of their goods in 
tyme & place, as of right shall appertayne. Thus done, and 
protested in this Cittie of London in the pnce of Thomas Stronge 
& Robert Stone wittnesses heereunto requyred. 

"Quod attestor rogatus, et requisitus 

"Josua Mainet* Nots. pub: ««• 1650." 
Christopher Lawson, of Boston, aged about fifty-five years, 
deposed that having been acquainted for twenty-five or six years 
with the dealings between Mr. Thomas Ruck of Boston, deceased, 
and Joseph Hermitage of Lyn and having been present at such 
transactions, he remembered that Thomas Ruck had given Her- 
mitage credit from time to time. Also that he promised to pay 
the 301i. in London and the remainder in New England. "But 
in the yeare 1669 Coming to Boston, m's Eliz: Ruck then widdow 
made a sad Complaint to me, & said she could gett nothing of 
y® said Hermitage whereupon I spoke with Joseph Hermitage & 
agitated the busines with him, in the widdows behalfe his answer 
was that he would not wrong y^ widow nor fatherles, but would 
do that was right ui the Light of God & man, he would not wrong 

* Autograph. 



386 SALEM QUARTERLY COURT [June 

Mr. William Browne, sr. v. George Emorye. Debt. Verdict 
for plaintiff.* 

her of a penny, with many solem ptestations. In fine, the said 
Joseph Armitage & M" Rucke bound themselues in a bond to 
stand to y* arbitration of Capt. Roger Spenser & Christoph' 
Lawson, We heard both their pleas & all^ations, & found Joseph 
Annitage debter to M" Rucke, vpnon all Accounts to y* Value of 
aboue Eighty pounds Sterling, which we thought was more then 
he was able to pay. We found like wise a bill of Exchange to 
England of Thirty pounds protested, & nothing paid of his debt 
in New England, saue something in wharfewood as he calls it. 
where vpon we cald them both in & desired M's Rucke to take 
Twenty pounds, glueing him some tyme to pay it & forgiue him 
the rest, which 20" he should pay at Boston in money, or goods 
at money price, within such a tyme, as apeares by the Arbitration 
in writeing, and yet none of this was performed that euer I heard 
off." Sworn, 29 : 4 : 1671, before Wm. Hathome,t assistant. 

*Writ, dated May 11, 1671, signed by Milliard Veren,t for 
the court, and served by Henery Skerry,t marshal of Salem. 

Mr. Emery's bill of cost, lli. 8s. 3d. 

Mr. George Emery's account upon the books of Wm. Browne, 
sr.,t 24 : 3 : 1656: Balance due, 151i. 5s. 9d.; Rec'd by myself 
and other men to ye 24 : 3 : 1656, 81i. 5s. 6d. ; due me, 71i. 3d. ; 
5:3: 1656, for 5 C. 31i. nailes & 1 qt. vinegar, Is. lid.; 12 : 
3 mo., Ribend, 4 l-2d., A pott, 7d. & 1 gall, vinegar, 3s. 7 l-2d.; 
25 :5 mo., 3 Rubstones dd. Henery BuUuck, Is.; 29 : 7 mo., 
A woodin botle, 2s. 8d., a qtr. & 1-2 flawell, 3s. 9 l-2d.; 7 : 
9 mo., A Jarr of oyle, 8s., stronge waters, 15d., 9s. 3d.; 2 bush, 
malt at Francis Skeries, powder, 12d., 13s.; 2 yards Cotton 
Cloth, 4s. p., strong water, 12d., 9s.; 26 : 12 mo., vin^ar, 7d., 
& claspes, 2d., 9d.; 26 : 2, a pott, lOd., & 1 pt. anesed water, 
15d., 2s. Id.; 9:6: 1657, 2 pt. stronge waters, 2s.; 1 pint Rumm, 
1-2 li. powder & 2 pts. strong waters, 4s. ; lli. sope, 2U. Candels 
& 1 bush, wheate, 7s. 3d.; 28 : 7 mo., 51i. of Rope, 7d. p., thred, 
3d., 5 C. nailes, 9d. p., 6s. lid.; 1 pt. strong waters & 4 1-2 ps. 
manchester, Is. lOd.; 1 skine thred, 1 qt. Rume & 1 pt. brandy, 
2s. 8d.; 12 : 9 mo., 1 pt. Case waters & 1 qt. brandy, 3s. 3d.; 
23 : 10 mo., buttens, 16d., 24 1-2 yds. Lockrum, 2s. 4d., 211 
18s. 6d.; 24 : 10 mo., 7 1-2 yds. Canvis, 2s. 2d., thrid, 14d., 
17s. 5d.; 19 : 11 mo., 1 qt. Brandy, 2s., pd. Samll. Allen, 25s., 
lU. 7d.; elapses, 2d., 1 qt. Brandye, 2s. 2d.; 16 : 12 mo., lli. 
Candles, 8d., 1 pt. Brandye, Is. 8d.; 25, 1 pt. Brandye, Silke, 
9 1-2 d., 1 pt. S. Watters, 2s. 9 l-2d.; 1 qr. paper, 2 pts. 1-2 
Brandye, 3s. 2d.; 19 : 6 mo., 1 pr. shoes, 5s. 6d.; 1 qt. Brandye, 
lli. powder, 2s. 4d.; ditto, 2s.; 28 : 8 mo., thrid, 7d., silke, 2d., 
9d; 3:9 mo., 9 pts. Sallet oyle, 9s.; 6, Triming, Ss. 6d,; 1 Gall. 

t Autograph. 



1671] RECORDS AND FILES 387 

Viniger, 28. 8d.; Reed 1 hogg, wt. 165 1-2 at 3d., and 1 ho^, 
wt. 101 at 3d., 31i. 66. 7 l-2d.; 10 : 10 mo., 10 yds. shagg at 4s., 
21i.; 1 pr. Mittins, 12d., 111. Candles, 8d., Is. 8d.,* 5 : 11 mo., 

1 C. bradds, 3d., 5 C. hobbs, 15d., Is. 6d.; Rec'd p Jno. Codner, 
10s.; 1:1: 1658, 1 qt. Brandye, lli.. Candles, 8d., lli. starch, 
8d., 3s. 7d.; 20 : 2 mo., 1 qr. paper, 8d., 4 1-2 yds. Sarge 6s. 6d., 
lli. 9s. lid.; 2 yds. 1-4 Canvis, 20d., 3 doz. 1-2 buttens, 12d., 
78. 3d.; silke, 14d., thrid, 6d., 2 yds. ribend, lOd. yd., 3s. 4d.; 

2 yds. galoon, 4d., 1 C. nayles, 12d., Is. 8d.; 16 : 4 mo., 4 1-2 
doz. buttens, 4d., thrid, 16d., 1 C. nayles, 4d., 3s. 2d.; 18, 1 hatt 
& Band, 13s., 1 Sythe, 4s., 17s.; 4:5: 1659, 5 nayles, 9d., 3 yds. 
Cott ribend, 9d., 4s. 6d.; 1 Gall. Viniger, 2s. 8d., 1 oz. thrid, 9d. 
3s. 5d.; 22, 1 qt. Brandye, 28., 1 busU. Indean, 3s. 4d., 5s. 4d. 
16 : 6 mo., 1 pt. Brandye, & Goods, 17s. 6d., 18s. 6d.; 23 : 9 mo. 
2 yds. 7-8 callecoe Lawne, 5s. yd., 14s. 4 l-2d.; 1 Ell Ditto 
56. p., 66. 3d.; nedles, Id., 1 pt. Brandye, Is. Id.; 13 : 10 mo. 
5 C. hobbs, 4d., 1 qt. Brandye, 3s. 8d.; 2 pt. Brandye, 28.; 3 : 11 
mo., lli. tobackoe, 16d., 1 1-4 tobackoe, 16d., 3s.; pinns, 4d. 
Ih. tobackoe, 16d., Is. 8d.; 24, 1 qt. Brandye pd. Goodm. Ren- 
nols, 12s., 12s.; 24 : 11 mo., lli. tobackoe, 16d., 1 yd. 1-2 ribend 
7d., 2s. 2d.; 24 : 12 mo., 1 qt. Brandye, 1 pt. Brandye, 3s.; 2 
1 : 1660, 3 doz. buttens, 14d., 3s. 6d.; pd. Jno. Norman, 31i., 1 qt 
Brandye, 31i. 2s.; pipes, Id., 1 pt. Brandye, Is. Id.; 19 : 1 mo. 
pd. Hen. Ingalls, 10s., 21i. 6 oz. hoppes, 1^. 6d.; 26 : 2 mo., 2 C 
nayles, 9d., thrid, 4d., Is. lOd.; 17 : 3 mo., 1 Gall. Viniger, pipes 
Id., 111. twine, thrid, 6d., 5s. 3d.; 9 : 5 mo., 2 Sythes, 1 peck wt 
salt, 15d., 9s. lid.; 2 :6 mo., 31i. 6 oz. hoppes, pinns, 4d., 38 
lOd. ; 2 : 7 mo., 1 1-8 yd. Say, 8s., 2 yds. 1^ ribend, lOd., 10s 
10 l-2d.; 22, pinns, 8s., 1 Gall. Viniger, 3s. 4d.; 4:8 mo. 
5 C. nayles, 9d., 3s. 9d.; 10, thrid, 4d., strong Liquor, 5s., 5s 
4d.; 29, 17h. Suggar, 4 C. 1-2 hobbs, 4d., 14s. l-4d.; 2 pt rum 
nedles. Id., Is. 7d.; 14 : 9 mo., 1 pt. rum dd. Tho. Crumwell 
9d.; 1 yd. l-« blu limn, 2s. 6d. p., 2s. 9 3-4d.; 12 : 10 mo., thrid 
8d., 1 pr. Bandstrings, 16d., 2s.; 23, 4 yd. 1-2 Cotton, 3s. 8d 
p., 21i. Soape, 5d., 17s. 4d.; 3 : 11 mo., 4 pts. 1^ Sallett oyle 
1 pt. rum, 5s.; 9, 1 pt. rum, 1 Gimlet, 5d., Is. 2d.; 12, 1 yd 
1-2 ribend, lOd., 24 yds. Lockrum, 2s., 2U. 9s. 3d.; 13, 1 oz. thrid 
8d., nedles. Id., 1 oz. thrid, 8d., Is. 5d.; 24, 41i. Raisons, lOd 
p., 31i. Currants, 6s. lOd.; 25, 3 pts. Brandy, 41i., 3^ Sallet 
oyle, 7s. 9d.; 18 : 12 mo., 1 pr. Bodyes, 9s., 1 pt. Brandye, 10s. 
7:1: 1661, 1 Bagg, 4s. 6d., Wine, 4s., 8s. 6d.; 1 pt. Brandye 
thrid, 3d., 1 Gall. Viniger, 4s. 9d.; 6:3 mo., manchester, 4d. 
silke. Id., 1 Gallo. Wine, 5s. 5d.; 13 : 4 mo., psell Goods as p 
Waste, 41i. Is. 1 l-2d.; 23, 1-2 C. nayles, lOd., 3-4 yd. Lockrum 
2s. 4d.; 3 : 5 mo., 1 yd. 1-2 ferret ribend, 6d., Od.; 1 oz. 1-2 
Colld. thrid, 7 l-2d.; 6 : 6 mo., 21i. hopps, 3 yds. Galoon, 5d. 
38. 3d.; 10, pd. Jno. Norman p bill, Ih.; 15 : 6 mo., pinns, 15d. 



388 SALEM QUABTERLY COITBT [June 

Incle, 14d., 2s. 5d.; 28, 51i. 2 oz. soft soape, 1 qt. Brandye, 4s. 
6d.; 10 Sk. Silke, 3-4 yd. ferret, 6d., Is. 5d.; 3:7 mo., 1 pr. 
tongs, 9d., 1 pr. Sissers, 4d., Is. Id.; 3 yds. Sattin ribend, 5d. 
Silke, 3d., Is. 6d.; 2:8 mo., 5 qts. Sallett oyle, 2s., 10s.; 2 : 
9 mo., pipes, Id., 1 pr. Tobackoe Tongs, 9d., lOd.; 12 : 10 mo., 
pd. Fra. Collins, 16s., 3 yds. 1-2 Lace, 5d. p., ITs. 5 l-2d.; 13, 
silke, 3d., lli. starch, 1 oz. blewing, 2d., Is. Id.; Rec'd p. Jno 
L^g, 141i., Rec'd p Elias Mason in mrcht. fish, 21i. 9s. 6d.; 1 pt. 
Brandye l-41i. peper. Is. 8d.; 14 : 12 mo., 1 oz. wt. thrid, 8d., 
1 qr. paper, 8d., Is. 4d.; 28, 3 Sk. Silke, 4 doz. buttens, 5d., 2s.; 
17 : 2 : 1662, pinns, 15d., fine thrid, 12d., thrid, 6d., 2s. 8d.; 
28, 2 yds. 1-2 ferret ribend, 5d., 1 snaffle bitt, 28. l-2d.; 12 : 3 
mo., 1 Gall. Viniger, 1 qr. paper, 8d., 3s. 4d.; 23, 1-4 yd. red 
Sarge, 8s. p., 2 yds. ribend, 5d., 2s. lOd.; thrid, lid., silke, Id., 
Is. l-2d.; 19 :4 mo., 5 yds., fine sarge, 6s. 6d., 111. 12s. 6d.; 
3 yds. ossenbriggs, 2 doz. buttens, lOd., 6s. 8d.; 1 doz. buttens, 
5d., silke, 18d., Is. lid.; 25 : 4 mo., 31i. soape, 4 C. nayles, ISd., 
7s. 6d.; 3:7 mo., lli. starch, 9d., 2 oz. blew, 4d., Is. Id.; pinns, 
16d., 1 oz. wt. thrid, 9d., 2s. Id.; 10, 5 qts. Sallet oyle, 2s, 4d., 
lis. 8d.; 11 : 7 mo., 6 yds. Sarge, 6s. 6d., 4 yds. 1-2 ribend, 18d., 
21i. 2s. 9d.; silke, 15d.; thrid, 8d., l-21i. whalbone, 2s. 7d.; 1 
yd. 1-4 fine Canvis, 2s. 4d., 2s. lid.; 26 : 8 mo., 1-2 li. starch, 
9d., 4 3-41i. Soft Soape, 2s. 8d.; 2 : 10 mo., 1-2 a pt. Brandye, 
thrid, 12d. 1-2 powder, 2s. 8d. ; 9:2: 1663, 1 yd. Lockrum, 
22d., 1-2 ell Canvis, 2s. 4d. yd., 3s. 3 l-2d.; silke & ribend, 14d., 
Is. 2d.; 20 : 4 mo., 5 qts. Sallet oyle, lli. powder, 28. 6d., 14s. 
2d.; 5 yds. 1-4 Sarge, 6s. 6d., silke, 16d., lli. 15s. 5 l-2d.; 2 yds- 
Canvis, 2s. lOd., tbid, 8d., 6s. 4d.; 1 doz. buttens, 5d., 3 doz. 
buttens, 12d., 3s. 5d.; 1:7 mo., 3-4 yd. Cott. Cloth 3s. 8d., 
2s. 9d.; 21 :8 mo., 1 qr. paper, 6d., 8 oz. thrid, 3s. 6d.; 10 : 10 
mo., 1 qt. Viniger, 21i. Rosan, Is. 2d.; 15, 30 yds. Lockrum, 28. 
6d. p., thrid, 16d., 31i. 16s. 4d.; 7:2: 1664, 1 pt. Brandye, 12d., 
1 C. nayles, 5d., 1 pt rum, 2s. 2d.; 2:7 mo., 2 qts. Viniger, 
pinns, 8d., paper, 5d., 2s. 3d.; Rec'd p Mr. Browne of Jersy, 21i. 
4s.; 2 qts. rum, 3s.; 26 : 2 mo., 1 qt. 1 pt. rum, 2s. 3d.; 6 : 3 
mo., 1 pt. rum, 1 gimblet, 3d., 1 qt. rum, 2s. 6d.; 1 pr. hinges, 
12d., 1 pt. 1-2 rum, pipes, 3d., 2s. 4 l-2d.; 2 qts. rum, 3s.; 1 qt. 
rum. Is. 6d.; 8 : 12 mo., 3 pts. rum, 2s. 7d.; 2 qts. rum, 3s.; 
7:7: 1666, 2 qts. rum, 3s.; 21, 1 Castor hatt, 34s., 1 qt. rum, 
lli. 15s. 6d.; 28 : 7 mo., 2 qts. rum, 3s.; 1 : 9 mo., 1-2 busll. 
Salte, 3 pts. rum, 4s. 3d.; 12, 2 qts. rum, 3s.; 3 : 11 mo., 1 qt. 
1-2 pt. rum, Is. 10 l-2d.; 18 : 1 mo., 2 qts. rum, 3s.; 11 : 7 mo., 
3 pts. rum, 2s. 3d.; 1 qt. Bottle, 18d., 1 pt. Rum, 4 yds. penistone, 
4s., 17s. 6d.; 10 : 10 mo., 1 qt. Rum, 4 yds. red Karsye, 4s. 6d., 
19s. 6d.; 5 : 11 mo., 3 qts. rum, 4s. 6d.; Reed p Wm. Cortis, 
lli. 10s.; total, 431i. 19s. 1 1-2 d. Sworn to in court by Mr. 
William Browne, sr., and Benjamin Browne. 



1671] RECORDS AND FILES 389 

Timothy Roberts v. Mr. Richard Hollingworth. Debt. For 
refusing to pay his wages. Verdict for plaintiff.* 

*Writ, dated June 12, 1671, signed by Moses Mavericke,t 
for the court, and served by Henery Skerry,t marshal of Salem. 
Bond of Richard Hollingworth.t 

Timothy Roberts' bill of cost, 21i. Is. 2d. 

Thimothy Robards Dr. to Richard Hollingworth,t July 20, 
1670: to Robert Hichcock, 211i. of tobacco at 2d. per poimd, 
3s. 6d.; to Mr. Olten, 31811. of tobacco at 2d. per pound, 211. 
13s.; to Barmemis Ubdsell for surgary, 31i.; to 3 wekes diett at 
Mr. Hares at 7s. per weke. 111. Is.; to Mr. Hares' man for ten- 
danc, 2s. 6d.; to Doctar Wilhams for surgary, 41i.; to diett and 
tendans, 8 daise at 16s. per weke, 19s.; to wine and Rimie for 
to dres youar lege, 4s.; to youar doctar that Cam Home with 
us, 211. 10s.; to the doctar's pasag from Barbados, 21i.; to damag 
by the lose of 1 barell of malasis, 4s.; total, 161i. 17s. 

Unice Maverick, aged about forty-three years, deposed that 
riding to Boston with her son Timothy Roberts, they met with 
Richard Hollingworth upon the road, who inquired for a man 
to go to sea with him. Her son told him he would go and there- 
upon Hollingsworth shipped him at 35s. per month. The voyage 
was to Barbados, thence to Virginea, thence to England and 
home to New England, and in case he received any of his wages 
in England, then he was to be allowed part of his wages for his 
payment there. He was upon the voyage about eleven months. 
She further testified that Hollingsworth only desired him to 
carry his adze with him, which he yielded to, but utterly refused 
to be shipped cooper. Sworn in court. 

Moses Maverick, aged about sixty years, deposed that upon 
Hollingsworth's return from Barbados, he met him at Boston 
and told him he was sorry for what had befallen Timothy Roberts 
on his voyage, and further said that he supposed his wages would 
be paid him. To this Hollingsworth replied that there was no 
reason to the contrary, but his partners were not willing, there- 
fore he thought best for Roberts to sue him and he would recover 
it of them. Mr. Grenough inquired whether he had a chirurgion 
or salves aboard his ketch and he answered that he had not, and 
upon Grenough saying that he should have had either one or the 
other, Hollingsworth replied that there were aboard "Sympetheti- 
cal powders." Also that Roberts had been very laborious and 
had carried himself well. Sworn in court. 

John Cromwell, aged about thirty-five years, deposed that on 
the voyage ''one morning Timothy Roberts comeing Auft upon 
the house M' Hollingsworth asked him why he did not draw the 
hoops or shaue some hoops. Timothy told him he could not 

fAatograph. 



390 SALEM QUARTERLY COURT [JuDC 

John Tod v. Mr. Anthony Crosby. Debt. Verdict for 
plaintijBf.* 

SamU. Benet v. Joseph Bowd. For not paying what was due 
by mortgage. Withdrawn.! 

John Tod was allowed costs in an action entered by Mr. Crosby 
and not prosecuted.} 

Samuell Hart and Samll. Johnson were sworn constable for 
Linn. 

the vessell did roule soe. Mr. HoUii^worth spoke Angerly to 
him and bid him make a horke or a galloss or some such like 
word he spake and timothy went forward againe and a Utile 
while after came Auf t vpon the house crying and sed O lord I am 
vndone I haue cutt my kne." Sworn, 24 : 4 : 1671, before 
Wm. Hathome,§ assistant. 

*Writ: John Tod v. Mr. Anthony Crosbie; for debt due for 
bringing a deed of Merrimack land from Mr. Henry Kemball of 
Boston which he had not paid according to promise; dated 
June 16, 1671; signed by Robert Lord,§ for the court; and 
served by Robert Lord,§ marshal of Ipswich. 

John Todd's bill of cost, lli. 4s. 

Ezekiell Northend deposed that Mr. Crosby having desired 
John Tod to make sale of the Merrimack land, which said Crosby 
had formerly bought of Tod, by a paper called Articles, and to 
pay debts with it for said Crosby, he sold it to Mr. KembaU of 
Boston, anchorsmith. Then said Crosby desired to have the 
land again and promised lOli. to Tod if he would get him a deed 
again. In a short time. Tod tendered it to Crosby, in company 
with deponant and Anthony Austine, at Richard Longhom's 
house, but he refused to take it. Sworn, June 26, 1671, before 
Daniel Denison.§ 

John Pickard deposed. Sworn in court. 

Anthony Austin deposed. Sworn, June 26, 1671, before Daniel 
Denison. 

fWrit: Samuell Bennett v. Joseph Bowed; for not pajdng 
what was due by mortgage nor delivering the houses and lands; 
dated June 14, 1671; signed by Moses Mavericke,§ for the court; 
and served by Matthew Clark,§ constable of Marblehead, by 
attachment of houses and land of defendant. 

{Writ: Mr. Anthony Crosbie v. John Tod; review of a case 
tried at Ipswich court the last March for detaining 501i.; signed 
by Robert Lord,§ for the court; and served by Robert Lord,§ 
marshal of Ipswich. Bond of John Tod.§ 

John Tod's bill of cost, 16s. 6d. 

§Antograph. 



1671] RECORDS AND FIliES 391 

Joseph Bowed acknowledged judgment to Mr. Edmond 
Batter.* 

Capt. Corwin v. John Woodbery. For breach of charter party 
or non-performance thereof, etc. Withdrawn.f 

Mr. John Giflford v. Capt. George Corwin. Debt of 381i. 
worth of bar iron. Verdict for plaintifif, who was to have credit 
upon account in bar iron.^ 

♦Writ: Edmond Batter v. Joseph Boude; debt; dated 
May 4, 1671; signed by Hilliard Veren,§ for the court; and 
served by Henery Skerry,§ marshal of Salem, by attachment of 
defendant's house in Marblehead. Bond of Joseph Boud,§ 
Samuell Morgan, § surety. 

tWrit: Capt. George Corwin v. John Woodbery, sr,, mariner; 
for breach of charter party in a late voyage to li^land; dated 
6:4: 1671; signed by HiUiard Veren,§ for the court; and 
served by John Lovet,§ constable of Beverley, by attachment of 
house and land of defendant. 

{Writ, dated June 19, 1671, signed by Hillyard Veren,§ 
for the court, and served by Henery Skerry,§ marshal of Salem. 
Bond of Geoi^e Corwin. § 

Jno. Giffard's bill of cost, Hi. 14s. 

''M'. Gififerd S' praye Leett y* bearer hearoff william Sabe 
haue towe hundread of Iron vpon y* a Count off him whoe is 
youers Toe vse George Corwin."§ 

"M' Gifferde S' praye leett Joeseph Jenkes Junior have towe 
hundred off Iron: & I shall satisfye you For itt I Rest youer a 
Sured Lovinge Frinde: George Corwine.§ y 2**» 4"^* 53." 

Joseph Jenckes, jr's. bargain with Mr. Corwin: Feb. 28, for 
Bar Iron on acco. mr. Corwin, 2. 0. 13; Mar. 15, Bar Iron, 2. 
0. 0.; good. Graves Iron 1. 0. 0.; 22, Tho.Tuck, Iron, 1. 0. 0.; 
Barr Iron, 1. 0. 0.; May 7, Robt. Barnes Iron, 1. 0. 0.; June 4, 
Barr p bill, 2. 0. 1.; total, 0. 10. 0. 15. 

Mr. Gifford, Cr., 1651, by bills for England by Mr. Auberry, 
3001i.; 3 Tonn of potts at 281i. p Tonn, 841i.; Iron to Geoi^e 
Davis, 201i. ; to balance, 571i. 14s. 6d. ; total, 4611i. 14s. 6d. 

Cr., 9:7: 1665, 15 C. 1 qr. 131i. Iron potts at 30s. per C, 
231i. Is. l-4d. ; to balance. Hi. 4s. l-2d. ; total, 241i. 5s. 3-4d. 

Mr. John Gifford, Dr. to William Osbum p bill dated 12 : 3 : 
1651, 51i. lis.; 14 :7 mo., to moneys to your selfe 14 Sept^' 
1651, 51i.; on Oct 30, 41i.; to Timothy Cooper per bill 29 : 7 
mo., 14s.; to John Turner p bill, 41i. l(te.; to William Marvin p bill 
2 : 8 mo., 21i.; to Samuel Hart per bill 5 : 8 mo.. Hi. 10s.; to 
John Turner p bill8 : 8 mo.. Hi.; to Thomas Billington, p bill 
6 : 8 mo., 5s.; to Robert Coates p bill 7 : 8 mo., 21i.; to John 

§ Autograph. 



392 SALEM QUABTEBLT COURT [June 

Tarbott, 8 : 8 mo.^ Gs.; Ralph Ruasell, 5 : 8 mo., 13s.; Joseph 
Jenkes, 5 : 8 mo., 21i.; Henery Roades, 20 : 8 mo., lli.; Francis 
Perry, 61i.; Rob. Groseman, 21i. 14s. 6d.; Thomas Lcioke, lU.; 
Richard Hoode, 6s.; Timo. Cooper, 4b.; Nicholas Pinyon, 28.; 
Joseph Jenkes, 14s.; Richard Hoode, 3s. lOd.; Roger Tiler, 41i.; 
Thomas Wiggins, 21i. Is.; Daniell Salmon, 4s.; John Dunon, 
lli. Is.; William Tingell, lli. 18s.; Thomas Wheler, 21i. Is.; 
Nicholas Pinyon, 6s. ; Samuel Bennett, lli. 6d. ; Goodman Leweis, 
8s.; Goodman Nowell, 12s. 6d.; Richard Haven, 21i.; Joseph 
Jenkes, Hi.; Daniel Salmon, 21i.; Sammll. Harte, 10s.; Thomas 
Wheeler, 5s.; Thomas Billington, 17s.; Richard Hoode, 31i.; 
Thomas Looke, 31i. 10s.; Richard Greine, lli. 15s.; Ralph Rus- 
sell, 10s.; William Lakeing, lli. 7s.; John Knight, lOs.; Sammll. 
Bennett, lli. 10s.; Edmond Farrington, 41i. 10s.; William Tin- 
gell, lli. 5s.; William Tingell, lli. lOs.; Joseph Jenkes, 2Ii.; 
John Vinton, lli. 8s. lOd.; Thomas Looke, lli. 18s. 8d.; George 
Caster, 181i. 8s.; Ephraim Howe, lli.; Thomas Wheeler, lli.; 
Goodman Ramsdell, lli. 15s.; Richard Hoode, 56.; John Blayne, 
91i.; John ICnight, 31i. 10s.; Richard Hoode, lli. 10s.; Daniel 
Salmon, lli. 10s.; Francis Perry, 31i. 10s.; Richard Haven, 3Ii. 
12s.; money to your selfe, 51i.; John Vincon, 5s. 3d.; Richard 
more, lli. 14s.; William Tingell, 21i.; Mr. Dunham, 10s.; Thomas 
Wiggens, lli.; Joseph Jenkes, 14s.; John Knight, 5s.; John 
Hardeman, 88.; John Parker, lli. 4s.; George Coate, lli. 4s.; 
Richard Greene, 2U. 13s.; Sammuell Bennett, lU. 7s.; John 
Vinton, 7s.; John Parker, lli.; money sent by John Blayne as 
p yr. letter, 201i.; John Dymond, 31i. 6s.; 13 hogsheads of mack* 
rell to Mr. Obrye, 351i. 15s. ; Tho. Wheeler, 51i. ; money by John 
Blaine, 51i., and 8 yd. of Kersey att 8s. p yd. & buttons, 2s. 8d., 
81i. 6s. 8d.; William Lakin, lU. 5s. Id.; SammuU Harte, 16s.; 
Nicho. Pinyon, lli.; to 5 paire of shues, IXs, 3 pr. Xs, 2 pr. VIHs 
2 pr. XIIs, 1 pr. XIs, 1 pr. Vs, p Charles Philepott, 31i. 8d.; to 
5 3-4 yds. of kersey at 8s. p Cha. Philopott, 21i. 7s. to 
Richard Greene, lli. 18s.; John Smyth, 31i.; John Vinton, lis.; 
John Engalls, 10s.; Goodman Rutton, 2s. 4d.; Tho. Looke, 
lU. 4s.; paid Mr. Gidney for you, 17s.; 56h. of shot att 28s. p 
C, 14s.; to John Dymond, 13s. 6d.; Sammuell Bennett, Hi.; 
Jo. Jenkes, 10s.; Francis Perrye, 15s.; Tho. Nowell, lli. 10s.; 
Jo. Jenkes, lli. 4s.; 10 : 2 : 1652, Sammll. Bennett, 251i.; Thomas 
Wheeler, 31i. 8s.; Richard Johnson, 3U.; Thomas Billington, 
10s. ; Richard Smyth, 10s. ; Ralph Russell, 21i. 17s. 9d. ; Francis 
Perrye, lOli.; William Tingell, 6s.; to 7 doz. shirts, 181i. 18s.; 
1 3-4 yds. searge att 15s. p yd., lli. 6s. 3d.; 4 1-2 yds. Tufted 
holland, 10s. 6d.; 1-2 yd. yellowe searge, 3s.; 1 3^ yd. red 
wosted, 1 doz. pipes, 3s. 5d.; Thomas Marshall, 121i.; 1 pr. 
Mild stockings by Joseph James, 6s.; 3-4 yd. searge att 15s. p 
yd., lis. 3d.; 31i. Tobacco pipes. Id., 3s. Id.; 1 Case of liquors, 
lli. 16s.; a sack, 6s.; to Goodman Sm3rth of Redding, 51i. 10s.; 



1671] RECORDS AND FILES 393 

Mr. William Browne, sr. v. Capt. Wm. Hutson. Debt. Ver- 
dict for plaintiff.* 
Mr. Moses Maverick v. Joseph Bowed. Debt. Withdrawn.! 

Thomas Wheeler, 7U. 15s.; Mr. Emery, 61i. 4d.; Mr. Gidnye, 
8U. 19s. 5d.; Daniel Salmon p what paide Mr. Gidney to Mr. 
Blano, July 16, 1653, Hi. 14s. ; to 5 pr. shues & 5 pr. of Stockings 
deUvered the Scotts at Mr. Indicotts, Hi. 14s., 30 : 6 : 1653; 

1 1-2 li.Tobacco by Mr. James, Is.; to Mr. James, 21i. 3s. 6d.; 

2 pintes of brandy, 2s. ; to Tho. Looke, 5s. ; John Hardman, 5s. ; 
to Richard Hoode, 10s.; 1 yd. Canvis, 2s. 8d.; tobacco, 18d.; 
Mr. Jarvis' promise of brandye, Is.; to Graves, Hi. 7s. 6d.; 
Mr. Jarvis, 51i.; 2 l-~4 yd. sarge att 5s. 8d. p, 12s. 9d.; to a line 
by Mr. Blayno, 3s. 4d.; Mr. Garvice, 41i.; Tobacco pipes, 3d.; 
to Mr. Cowes, 51i. 15s.; Jo. Hathome, 10s.; a pare of bootes by 
Jo. Hathorne, Hi. 5s.; to Mr. Gidney, 8s.; total, 461h. 14s. 6d. 

Mr. John Gifford, Dr., since his coming from England: 14 : 
11 : 1664, 6 Gallons of Rum, Hi. 7s.; 28 : 1 : 1665, 3 gallons 
and a pinte of Rum, 14s. 3-4d.; 9: 7 mo., to Mr. Ashby, 81i.; to 
money, 131i.; 2:8: 1665, Hi. of pouder, 31i. of shott, 3s. 6d.; 
9 : 6 mo., 10 C. of nayles, 7s. 6d.; 23 : 9 mo., John Farrington, 
13s.; total, 241i. 5s. 3-4d. 

Parcels of iron were delivered from 1650 to 1653 to T. Tuck, 
Georg Davis, Joseph Jencks, Good. Graves, Tho. Barnes and 
Will. Sabe, in all, 1 : 11 : 2: 2, amounting to 311i. 10s. 4d. 

Daniel TurellJ certified Mar. 14, 1670-71, that George Davis 
gave Capt Corwin credit for one tun of iron at the mill. 

Receipt of Will. Selbie,t dated Nov. 20, 1651, to Mr. Curwin 
for thirteen hogsheads of mackerel for the use of Mr. William 
Auberey. 

Mr. John Gifferde debtor upon the iron works account to 
George Corwine, 17 : 1 : 1652-3, 454U, 18s. lid. Creditor, 4121i. 

Capt. Corwin, Dr. to bills of exchange paid him in England, 
2001i.; to soe much pd. him by Capt. Ting, lOOli.; 4 to tun of 
Iron potts, 1201i. ; barr Iron dd. sundry men by his order, 311i. 
10s. 4d.; total, 4511i. 10s. 4d. Creditor, pd. to simdry men, 
425U. Is. 8d. 

*Writ: Mr. William Browne, sr. v. Capt. William Hudsen; 
debt; dated June 13, 1671; signed by Hilliard Veren,} for the 
court; and served by Rich. Wayte,t marshal of Boston, by 
attachment of the goods of defendant, a part of the cundit and 
all his ground in Boston. 

Capt. Hudson's bill of cost, lU. 8s. 7d. 

tWrit, dated June 19, 1671, signed by Moses Mavericke,t 
for the court, and served by Nathanuell Walton,} constable of 
Marblehead. 

t Antograph. 



3d4 SALEM QUABTERLT COUBT [June 

John Hutson acknowledged judgment to Leift. Samll. Ward. 

Henry Kemball acknowledged judgment to Capt. Walter 
Price. 

Court granted administration of the estate of John Batson, 
deceased, to Leift. SamueU Ward, who brought in an inventory.* 

George Burch was fined for being drunk. 

Court, being informed of some defects of the bridge at New- 
bery, ordered that the constable there forthwith cause it to be 
repaired. 

Mr. Nathaniell Grafton d3ring intestate, Elizabeth, the relict, 
brought in an inventory,! and was appointed administratrix. 
Court ordered that she bring up the children until they come of 
age, when they should receive 451i. each, the house and land to 
be security. 

*Inventory of the estate of John Battson, taken Apr. 25, 1671: 

1 Suitt of dark Colerd Cloths, Hi. 2s.; 1 Sarg wastcott, 8s.; 1 
Cloth Coat, 12s.; 1 paier of linsie wolsie brichis, 6s.; 1 stuff 
Suiett, 18s.; 1 Sarg wastkott, 4s.; 1 peniston wastkott, Ss.; 

2 old Coats, 6s.; 1 old Cape, 3s.; 2 paier wosted stokins, 8s.; 
2 paier Cotton drawers, 9s.; 1 dowlas shirt, 5s.; 1 Lockrum 
shirt, 4s.; 1 old blue shirt. Is. 6d.; 3 old neckloths, 2s.; 1 old 
Caster, 4s.; 1 old paier of shoes, 4s.; 1 old paier of boots, 12s.; 

1 old Chest, 5s.; 1 red Capp, 6s. 6d.; To 1 bb of mackell, lli.; 
18 qnttls. of poUok, at 9s. p qntt., 81i. 2s.; 14 qnttls. 3-4 of march, 
fish at 32 ryalls, llli. 16s.; soe much paied to flUs Whitt, lli. 
13s.; 10 qnttls. 1-2 of march, fish at 32 ryalls, 81i. 8s.; total, 
371i. 14s. 6d. John Batson Cr., 191i. 17s. 7d. 

tinventory of the estate of Nathaniell Grafton of Salem, taken, 
26 : 4 : 1671, by Richard Princef and Henry Bartholmew^ 
In the garrett, feather bed and bedsteed, with the furniture 
belonginge, 21i. 10s.; one sea bed, one pillow, 2 blanketts, 2U.; 
yeame with flax and Gotten, 18s.; in the west chamber, one 
duzzen of leather Chaires, 41i.; 6 Joyned stooles, 12s., 2 Chests, 

2 boxes, 2 Chaires, 21i.; in the east chamber, feather bed and 
bedsteed, 121i.; one Rugge, one Cradle Rugg, one tnmdle bed- 
steed, 111. 5s.; 1 Cupboord, 1 Chest, 1 table, 1 box, 21i. 10s.; 

I truncke, 1 p of Andirons, 2 turmed Chaires, Hi.; mony, 281i.; 

II p of sheetes, 81i.; a pcell of small towells and boord clothes, 
10s.; 2 diap. table Clothes and 2 duz. of napkins, 21i.; 2 duz. 
and 9 table napkins, 18s.; 6 table Clothes, 3 pillow beares, 3 
Cupboard cloths, lli. 7s.; 7 p of Cource pillow beares. Hi.; 4 p 
and 1 of fine sheetes, 7 hand towells, 41i. 7s.; his wearinge appar- 
rell, lOli. 10s.; 6 silver spoones and a silver Cupp, 31i.; in the 

t Autograph. 



1671] RECORDS AND FILES 395 

Mr. Joseph Grafton, jr. d3ring intestate, Elizabeth, his wife, 
presented an inventory* amounting to about 3501i., which was 
allowed, and she was appointed administratrix. One-half the 
estate was to be given to the widow and the other half to the 
children, the eldest son to have a double portion; and whereas 
there was lately given to said Elizabeth by her father John 
Browne, a small parcel of land which was not included in the 
inventory, court ordered that she should have it for her own. 

Closett, 2 duz. of Cource grey hose and hatts, 31i. 10s. ; 28 groce 
1-2 of buttons, 20 groce of brest, 51i. lis. 3d.; 1 l-21i. of Cullerd 
silke, 21i.; several remnats of hoUon, 41i. 14s.; 110 yds. of lock- 
rum and osenbrige, 61i. 12s.; 91i. of wt. bro. thred, 21i. 5s.; 9 yds. 
1-2 of serge and penyston, lU. 10s.; 15 yds. Red Tamie, lli. 7s. 
6d. ; several remants of stuffe, 41i. 7s. ; in the parlor, 1 high bed, 
1 trundle bed, lOli. 10s.; table and frame, with 6 chaires and a 
glass, 21i.; in the kitchin, pewter, brass and Iron utinsills, 91i. 10s., 
pcell of sugr, sea instruments, stilliards and hamers, 51i. 2s.; 
lines, twine, marlin and a case of bottles, 61i. 12s. 4d. ; fire shovell, 
tongs, lli. 12s.; 1 Cowe, 31i. 10s., 50 gall, of Rum 5U., 3 hhds. 
salt, lOli.; 3 hausers, old rigginge and Iron, 81i. 10s.; Cotton 
woll and molassis, 1411. 5s.; 1 ancker, 1 Canooe and a pcell of 
boords, 51i. lOs.; one 8th pt. of the ketch doue, 501i.; one dwell- 
inge house with a warehouse and 1 aker and 1-2 of lande to it, 
1701i.; debts due to the estate, 821i. 14s. Id.; a chest & 20s. in 
goods, lli. 20s.; total, 3771i. 5s. 5d. Estate debtor, 1191i. lis. 
9d. Allowed in court upon oath of the widow. 

* Inventory of the estate of Joseph Grafton, jr., taken, June 26, 
1671, by Henry Bartholmewf and Richard Prince :t One dwell- 
ing house with a warehouse, 1501i.; 2 Meares, 1 Coult one yeare 
old & 2 folles of this year, 691i.; 1 Cowe, 31i. 10s., a sow a yeare 
old, 15s.; 1 bed and bolster with bedsteed and furniture, 41i.; 
1 bedsted, 2 ruggs and a blankett, 31i. ; 14 pewter plattrs. and a 
bason, 41i.; Other pewter and tin, lli. 10s.; wearinge aparell, 
lOU. 10s.; 2 pillowes, a Rugge, chest and stoU, lli. 6s.; in the 
chamber, cloth stuff and linin, 51i. 9s.; 1 bed and bedsted with 
the furniture, lOli. 10s.; Cupboord, Chest, table, stooles, boxes 
and trunke, 31i. 6s. ; Chaires and stooles, 41i. 4s. ; 2 p of Andirons, 
fire shovell, tongs, bellows and pan, 41i.; Cupboord Cushion, 
glassis and a lookinge glass, 7s.; Sheetes, napkins, towells and 
other househould linin, 91i. ; fine linin of diap damaske and hoUon, 
161i. 15s.; 1 bed and furniture in ye garrett, 31i. 10s.; in the 
parlor, 1 high bed, one trundle bed, llli.; 1 Cupboord and Chest 
with table, stools and a box, 31i. 10s. ; 6 Chaires and a linin wheele, 
12s.; 42 oz. of plate, lOli. 10s.; glassis, with a muskett and 

t Autograph. 



396 SALEM QUABTEBLT COURT [June 

Will* of Tho. Browning waa proved by oath of Mr. Joseph 
Grafton and Leift. George Gardner, and an inventory f brought 
in by the widow was allowed. 

fowlinge peece, 211. 19s. ; brass and pewter, with other utinsells in 
ye butterie, 81i.; pewter and other implements in ye kitchin, 
41i. 2s. ; old Iron, barrlls, and tubbs, 2 hhd. salt, lli. 17s. ; total, 
297h. 2s. 

Joseph Grafton, jr.. Creditor, June 23, 1671: Laid out one the 
ketch Mari, 521i. 13s. 4d.; by father Grafton, 281i. 16s. 4d.; by 
Daniell Durin, 71i.; by Mr. Willm. Browne, sr., lli. 10s.; by 
Sister Grafton, lli. 14s.; by John Marston, 20s.; by Manasah 
Marston, lli. 8s.; total, 931i. 14s. 4d. His debts: To Sister 
Grafton, 91i. 15s.; Willm. Henfeild, 141i.; Mr. Crumwell, lli. 
2s. lid.; Jacob Pudeater, 31i. 8s. 8d.; Mr. John Paine, 31i. 12s. 
3d.; John Kichin, 41i.; Goodie March, lli.; Josiah South wick, 
31i. 10s.; JohnSillsby, lli. 15s.; total, 421i. 3s. 2d. 

♦Will of Thomas (his mark) Browning, of Salem, dated Feb. 
16, 1670, "being sicke in bodie yett of pfit vnderstanding: "Im- 
primus I doe apoint my wife to bee my whole Exceutres And doe 
giue vnto my grandchild Thomas Towne twenty two poimds: 
which twelue pownds is in the hands of her father & ten pounds 
is in the hands of his Uncle Jacob Towne: to be paid to the sd 
Thomas Towne aforesaid when he come to be twentie & one 
yeares of Age: 

"Itam I giue After my wifes deseace All my land and housing 
at topsfeild, to my daughter towne her husband & my daughter 
Simons to be disposed by the two daughters abousd to Childreai 
of there owne bodies LaufuUy begotton Itam to my daughter 
Willyams & daughter Meachum And there husbands All my 
Land & bowsing at Salem, After my wifes deseace as aboue is 
Exsprest And after there deseace to the Children Laufully beaten 
of there owne bodies as abouesaid, And If anie of my daughters 
should die without Issew: Then the estat to be deuided among 
The children of my daughters siruiuing And If my wife should 
dy without a will, then whatsoeuer is Left to be deuided betwin 
my fower daughters or there Chilldren." Wit: Joseph Grafton, 
sr.,t and George Gardner.} Overseers, Mr. Henry Bartholmew, 
Georg Gardner and Joseph Grafton, sr. 

t Inventory of the estate of Thomas Browning, late deceased, 
in Salem: House & 80 acres of upland, About twenty Acers of 
medow In Topsfeild, 16011.; cattle, 701i.; A house & two Acer 
lott & fifeteene Acres of upland, & three Acers of medow in Salem, 
16011. ; A bed & bedstead, lOli. ; sbc p of sheets, 51i. ; pillebers k 
table lining, 21i.; wearing Clothes, 51i.; thre Chests & A box, 
lli.; 1 small Table & 1 trundle bedstead & Chears, 15s.; puter, 

{Autograph. 



1671] RECORDS AND FILES 397 

Henry Frood acknowledged judgment to Mr. Moses Maverick. 

Complaint being made concerning the inconvenience of the 
highway by Mr. King's farm, comt impowered Major William 
Hathome, Mr. Edmond Batter and Mr. Hen. Bartholmew, as 
soon as convenient, to lay out a highway where it may be most 
convenient by the farm. 

Court having heard of the complaint against Sergt. Joseph 
Bigsbee and Abraham Reddington for neglect in attending com- 
mon trainings at Topsfeild, they were fined. The rest of the 
company who did exempt themselves from training ''were to be 
left to the clerk of the bond, whoe according to his oath is to take 
theire seuerall fines, according to law." John Goold was allowed 
8s. for his charges, half from the fines and half from the fines of 
the company. 

Complaint was made to court by the selectmen of Andever 
that one Tho. Kemp came and took up his residence in the town 
of Andever, contrary to the mind of the town, from which they 
asked relief. 

Mary Bisco, aged about nineteen years, chose Mr. Ralph King 
to be her guardian, and the court allowed it. Said King promised 
to pay to said Mary at the age of twenty-one years, 81i. sterling 
current money of England, which was a legacy given her by 
Mr. Robert Guy. 

Theophilus Baily, Christopher Latamore, Ben. Parmiter, 
Richard Norman, Goody Edmonds, Mr. Maverick, Mr. Ward, 
Mr. John Hathome, Mr. John Gedney, sr., Mr. Elea. Hathome, 
Mr. Wm. Brown, jr., Mr. John Corwin, Steeven Hasket, Mr. 
Tho. Gardner, sr., Theo. Price, Mr. John Higgenson, Mr. Joseph 
Gardner and Hen. Skerry had their licenses renewed for the 
year ensuing. 

Court remitted the entry of Daniell Salmon's action and 
ordered the clerk to write in the name of the court to the town of 
Lynn, requesting and advising them to give the said Salmon 
about six acres of land near his house, in some convenient place 
fit for his use, which they may secure for his wife and children. 

30s.; spoones, siluer & tin, 20s.; A small wine cup, 5s.; 4 kettels 
& 1 pott, 21i. 15s.; 1 skellet & 2 bras Candlesticks, 10s.; 1 spitt, 
tongs & fire shouels & 2 hakes & old Iron, lli. 10s. ; warming pan 
& two bibles, lli. 6s.; 1 mare & 1 Cow, 71i.; debts, 151i.; debts 
owing, 31i. 



398 SALEM QUARTEBLT COURT [June 

Isaac Foot presented the will* of his father Pasca Foot, and it 
being proved by two witnesses, was allowed. 

Edward Richards, convicted of several lies and reproachful 
speeches against several persons, was fined. He was also to 
answer to what was laid to his chaise concerning his speaking 
against Mr. Laighton.t 

♦Will of Pasco Foot,t sr., of Salem, "being aged and weake 
in body," dated Sept. 21, 1670, and proved by William and 
Ezekiell Waters: "first I give my house the leane-to & the land 
belongeinge therevnto vnto my loveinge sonn Isack Foot, (I 
meane the house & land & Edifices wherein I now dwell) only 
I doe ordeine & appoint him to paye vnto my daughter Elizabeth 
Birtch the full some of tenn pounds in good Commodytyes such 
as shee shall accept of for her use, And tenn pound more to my 
daughtor Marye Foot in good Conmiodytyes likewise such as 
shee shall accept of for her use^ And for my land & meddow att 
Manchester I give & bequeath that vnto my sonn Samuell Fo[o]tt 
& Pascho Foot & my daughter Abygayle Foot to bee devided in 
equall portions to each of them alike according as itt shalbe 
valued And for my houshould goods & Usentles I give A be- 
queath the bed & boulster & one pillow, with the rugge the bed- 
steed Curteins & all that belong to that bed I vsually lye vppon 
vnto my daughter Marye Foote, And I give vnto my daughter 
Abygayle my Feather bed which usually lyes uppon the truckle 
bedstead, and the rugg & two pillowes And for my great brass 
kettle 2 Iron potts & a brasse skillett I desire and ordeine that 
after they be praysed that they or the valine of them be equally 
djrvided betweene my daughter Elizabeth Birtch & Mwy Foot, 
& Abygayle foot And For my fower new pewter platters I give 
equally to Marye Foot & Abygayle Foot to be devided. And for 
the sheetes that I leave I give them to be equally devided betweene 
my daughter Elizabeth Birtch & Mary Foot. And my Come att 
Manchester in Robbin Leetches Custodye I give to my sonn 
Pascho Foot. And my Chayres & such like Implements I give 
to be equally dyrided betweene my forsaid daughters Elizabeth 
Mary & Abygayle further I doe appoint and by these presents 
ordeine my sonn Isack Foot to be my Executor to see this my 
will to bee dewly & truly performed after my death and to paye 
for funneral Charges & what shall arise about itt out of such 
debts & other estate as I shal leave which he knowes of." Wit: 
Richard Waters§ and Ezekiel Waters.§ 

fRalph King testified that being at Mr. Ruck's and Ash- 
bye's in Salem about seven months since, "& som freinds being 
with us, & Edward Richards, & after we were ther a while ther 

X Autograph and seal. § Autograph. 



1671] RECORDS AND FILES 399 

Upon a motion made by the selectmen of Salem to this court 
concerning the settling of a highway between Andever and Salem, 
they affirming that they had found out a nearer and better way 
than formerly, court ordered that there be appointed some men 
of Salem to meet with some men of Andever appointed there- 
imto, at or near the new way by Ipswich river, the sixth day of 
the next week about nine o'clock in the morning. If there should 
be a convenient way then found to the acceptance of Andever 
men, then the said way be made good and sufficient to the river 
with a bridge over the said river, except that part which lay in 
Topsfeild bounds, which they were to make good but not obliged 
to keep in repair afterwards, before the next Salem court upon 
penalty of lOli. If a way should not be foimd, then Salem men 
were to make good their part of the highway.* 

cam in Edward Bridges & the said bridges was speakeing about 
an action that Mr. Simon Broadstreet had cast him in: it being 
court time, & he was discontented as if he were wronged, & upon 
discorse between him & Edward Richards they fell to angrye 
words in relation to the said action, & Ed. Bridges spake as if 
he were wronged in that said action of Mr. Broadstreetes & 
Edward Richards tould him the said Bridges that he would a 
cheated Mr. Broadstreet of fifty shillings that I payd in bariron 
for a parcell sheep I had off him the said m' Broadstreet & in 
relation to any reproachfull word giuen by Ed. Richards against 
the Honord m' Bradstreet I heard not, but that which was spake 
that ways that I heard was spake by Ed. Bridges. John Giffardf 
certified to the substance of the foregoing. 

* Petition to the General Court from the selectmen of Salem, 
signed by William Browne,t Henry Bartholmew,t Wm. Browne, 
jr.,t Wm. Hathome,t John Porterf and Joseph Grafton :t That 
the present highway as laid out is very unequal with respect to 
the town of Salem; that they had long spoken with their neigh- 
bors of Andover about finding a better way, but had been pre- 
vented the past two summers by unseasonable rains; that Salem 
had been fined and was likely to be fined again for the way, and 
that the new way they proposed was shorter, cheaper to maintain, 
"having as wee conceiue Aboue A hundred rodd of meadow & 
Swamp in not much more then two myles & some of it very 
deep." They ask that a committee be appointed to see it done. 

Copy of record of Salem court, June 29, 1669, in relation to this 
matter. 

Copy of a general town meeting at Salem, Mar. 25, 1671. 
Major Hathome, Capt. Corwine, Mr. Henr. Bartholmew and 

fAutograph. 



400 SALEM QUARTERLY COURT [June 

Mary Bound, complained of for selling strong water to the 
Indians, but there being no witnesses to prove it, was ordered to 
appear at the next Salem court.* 

Mr. Theoder Price, being hard of hearing and for some other 
reasons given for his disabiUty to perform service in the troop, 
desiring to be dismissed, was released. 

Thomas Golthrite was dismissed from common training, with- 
out any allowance to the company, on account of age and 
inJSrmity. 

Abraham Whittaker being complained of for taking a false 
oath, court ordered that a warrant be issued for his appearance 
at the next Ipswich court. John Godfrey was bound to prosecute. 

The clerk was ordered to issue a warrant to answer a judgment 
against Abraham Whittaker due said Godfery, according to order 
of the Court of Assistants, 18 : 7 : 1668, at Boston. 

Complaint being made of several heaps of stones in the South 
river prejudicial to the harbor and "grauing places,'* court ordered 

Lt. Tho. Puttman were appointed a committee to petition the 
General Court, etc. Copy made by Jno. Higginson,t recorder. 

^Summons, dated 26 : 4 : 1671, to Nathaniell Walton and 
Mathew Clark, constables of Marblehead, for the apprehension 
of Mary, wife of Wm. Bound, for suspicion of selling strong 
liquors to the Indians, signed by Wm. Hathome,t assistant. 

Nathaniell Walton, constable, aged about thirty-four years, 
deposed, Jime 26, 1671, that he saw Mary Bonn carry home 
some strong liquors and as he was going down to the house where 
they lived, he saw five or six Indians come out, one having some- 
thing imder his blanket. When deponent went toward them 
they ran away so that he could not overtake them. Then he 
went to the house and asked Mary where she got the liquor and 
she refused to tell unless brought before authority. The next 
morning, he went again with Constable Clarck and James Denice, 
but she refused again, although she said she would tell where 
the sugar was that she brought at the same time. Sworn in 
court. 

Martha Mongey, aged about thirty-eight years, deposed that 
she asked an Indian who came to her house if he had had liquor 
at Mary Bound's, and he answered that other Indians had. 
Sworn in court. _ 

James Dennes, aged about thirty years, deposed that they 
asked Mary what she did with the two quarts of rum she had 
at Mr. Maverekes the night before, etc. Sworn in court. 

t Autograph. 



1671] RECORDS AND FILES 401 

that what stones were found lying anywhere in the said river or 
harbor on the shore sides, as low as three-quarters flood, after 
the third day of the next week, would be liable to be carried 
away and sold by the marshal for the county's use.* 

At the last Salem court, Hilliard Veren, Hen. Skerry and Mr. 
John Price having been appointed to survey the books and 
accounts of Mr. John Croad, deceased, and to draw up an inven- 
tory of what estate they could find, and make return to this 
court, the account was brought in. There seeming to be a con- 
siderable estate in debts owing from several persons, court ordered 
that if any of the creditors or other meet person, come into the 
next Salem court desiring administration, it may be granted them. 
Ordered that this be put up at the meeting house in Salem.f 

*Daniell Wells, John Price, Hilliard Veren and Samuell Gard- 
ner, jr., deposed that on Sept. 10, at the Point of Rocks against 
Marblehead ferry, near sun rising, they saw the water spatter, 
and taking notice as well as they could from so great a distance, 
saw heavy substances thrown over. Sworn, 7:9: 1671, before 
Wm. Hathome,t assistant. 

fMr. John Croad's debts due him: Per John Stone for ball, 
of acct., 10 l-2d.; Mr. Joshua Scottoe, lis.; John Knight, 2s. 
8d.; Richard Downing of Marblehead, 2s.; Henry Herrick, 2s. 
9d.; John Mason, lis. 9d.; John Sowtherick, 10s. 7d.; Sam. 

Comeing, ; Mr. Oliver Purchase, ; Josia Sowthericke, 

; John Baker, mason, ; John Cole, ; Nath. Stone, 

; John Gidney, jr., ; Mathew Price, ; Richard 

Stackhouse, ; John BrowTie, sr., ; Wm. Clements, 

; Tho. Long Bottom, ; Tho. Gardner, ; John 

Reaves, 31i. 10s.; Monsr. Blushard, lli.; James Browne, Gloster, 
14s.; Wm. Woodberry, 61i. 10s.; Mr. Elias Styleman, 181i. Is. 
4d.; Wm. Ellery, lli. 6s. 8d.; Owen Hendy, 13s. 3d.; Major 
Hathome, lli. 17s. 3d.; John Legg, 4s.; Franc. Nurse, 21i. 10s. 
5d.; Samll. Beadle, lli. 13s. 8d.; Mr. Dimcan, 41i. 12s. 8d.; 
Samll. Shaddock, 4s.; John Norman, sr., 6s. Id.; Mr. Humphr